Facts

On Feb. 9, 2008, plaintiff Miguel Ascensio was feeding pigeons on defendant Nancy and Richard McDonald's property. The McDonalds owned a pit bull, which they held in a cage 150 feet away. The pit bull escaped from the cage and bit Ascensio. Richard McDonald pulled the dog off of plaintiff with a rope after 15 minutes had passed. The dog had a history of biting people and was put down.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that he had been staying on defendants' property for the past six months, which meant the defendants were aware of his presence while having a vicious dog. The defendants wrongfully permitted and allowed a dog with violent tendencies to attack plaintiff.

DEFENDANTS' CONTENTIONS:
The defendants claimed that plaintiff was not supposed to be on defendants' property. The dog was nonviolent and was owned by Richard McDonald's brother. The dog's prior history involved a bite in self-defense.

Damages

The plaintiff claimed pain and suffering.

Injuries

The plaintiff claimed bites on his foot and left, non-dominant arm. The bites cut to the bone. The plaintiff was taken to the hospital well after the injury and he underwent surgery. Now, he has a severe scar from his wrist to his elbow on his left arm. The dog's teeth marks were still visible during the trial. The plaintiff claimed the injuries weakened his strength and he could no longer work as he had.

Result

The court found for plaintiff and awarded him $318,000 ($68,000 for medical costs, and $250,000 for pain and suffering).