Facts

On June 12, 2005 around 6:30 p.m., plaintiffs Colleen Beshara and her husband Robert Beshara both in their fifties, were walking their two dogs in their Riverside neighborhood. As they were walking, they passed a neighbor's yard where his dog, a boxer/bull mastiff, was roaming unleashed. Plaintiff Robert picked up a stick and positioned himself between his wife and the dog. At that point, another dog appeared out of the home, also unleashed. The defendant, neighbor/owner of the dogs, came out of his home as his dog headed toward plaintiffs. The defendant tried to stop his dogs but plaintiff's dogs ran between her and the other dogs. Plaintiff Colleen got entangled with her dog's leashes, fell and broke her hip.

The plaintiff's sued defendant for premises liability. They alleged that defendant's aggressive, unleashed dogs caused plaintiff to become entangled in the dog leash and fall, sustaining injuries. Plaintiff Robert also filed a claim for loss of consortium.

The defendant did not dispute liability.

Specials in Evidence

Plaintiff sought $32,000 in past medical bills. Plaintiff requested $20,535 in past lost wages.

Damages

The plaintiff sought an unspecified amount for her pain and suffering. The plaintiff's husband sought an unspecified amount for loss of consortium.

Result

The parties settled for $295,000.

Other Information

Plaintiff's counsel presented their negligence claim against defendant to defendant's insurer. Counsel indicated that the defendant's neighbors had frequently seen the dogs wandering the neighborhood without leashes. Counsel also presented findings of an investigator corroborating those claims. Insurer: Mercury for Doe.