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Personal Injury
Dog Bite
Strict Liability

Kelly Culotta v. Frank R. Zolnierowicz, Janice E. Zolnierowicz

Published: May 17, 2005 | Result Date: May 27, 2004 | Filing Date: Jan. 1, 1900 |

Case number: MC014457 Verdict –  $252,588

Judge

Frank Y. Jackson

Court

L.A. Superior Lancaster


Attorneys

Plaintiff

Jennifer B. Smith

C. Ray Carlson


Defendant

Sandra K. Brislin
(Muhar, Garber, Av & Duncan)


Experts

Plaintiff

Judith Shell
(medical)

Steven Freedman
(medical)

C. Scott Sanders
(medical)

Defendant

Roberta L. Falke
(medical)

D. Gene Parks M.D.
(medical)

Facts

Plaintiff Kelly Culotta, a 17-year-old high school student, was visiting a friend at the home of defendants Frank and Janice Zolnierowicz in Acton. After the plaintiff entered the defendants' house, she was bit by the defendants' German shepherd on her right breast. The plaintiff sued the defendants for strict liability under the state's dog bite statute. The defendants admitted they were liable but disputed the plaintiff's injuries.

Injuries

The plaintiff claimed a permanent one-inch scar near her right nipple. She also claimed emotional distress and post-traumatic stress disorder.

Result

The jury awarded $252,588 to plaintiff ($15,088 past medical; $14,000 future medical; $223,500 non-economic damages). The plaintiff was awarded $17,495 in costs.

Deliberation

two days

Poll

11-1

Length

six days


#116488

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