Jean Ellis v. David Wilkerson, Karyn Wilkerson, Michael Torterelli
Published: Jan. 25, 2005 | Result Date: Oct. 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: C0302700 Verdict – $97,000
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Thomas A. Paoli
(Paoli & Geerhart LLP)
Defendant
Zachary Smith
(Freeman, Mathis & Gary LLP)
Experts
Plaintiff
Sabine Von Glinski
(medical)
Defendant
Clifford C. Raisbeck
(medical)
Facts
Jean Ellis, a 58-year-old teacher, was walking her dog. When she passed in front of the home of her neighbors, David and Karyn Wilkerson, their two Great Danes ran at her and knocked her down. The dogs' leashes were dragging behind them. The Wilkersons were out of town at the time, and the dogs had been cared for by Karyn Wilkerson's brother, Michael Torterelli, who had previously tied the dogs by the leashes to the front porch of the house.
Specials in Evidence
$29,341 $18,746 $2,500 future pension benefit loss (stipulated)
Damages
$282,000 for wage loss, medical expenses and pain and suffering
Injuries
Ellis suffered a bimalleolar fracture of the ankle, requiring open reduction and internal fixation surgery, which will leave a plate and pins in her ankle for life. She claimed that the injury will permanently affect her ability to stand for more than a few hours, climb or ascend slopes, and walk long distances, and that the hardware will cause her permanent discomfort and early onset arthritis.
Deliberation
three hours
Poll
9-3
Length
four days
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