Facts

On Jan. 24, 2009, plaintiff Zachary Ortopan, an 11-year-old autistic boy, was at a play date at defendants' home. Defendants' Akita dog, without provocation, attacked plaintiff, severely mauling his right cheek and right ear.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed strict liability for the dog attack resulting in permanent scars to plaintiff's right cheek and right ear and emotional injuries.

DEFENDANT'S CONTENTIONS:
Defendants admitted liability but felt that plaintiff made a good recovery and that the scars were barely noticeable.

Settlement Discussions

Defendants initially offered $55,000, which led to a lawsuit. Initial mediation before Janet Fields of Judicate West resulted in an offer of $85,000 in response to plaintiff's demand for $200,000. The case did not settle at the mediation. An MSC was held April 19, 2011. Defendants offered $125,000 in response to new demand of $175,000. The case did not settle.

Specials in Evidence

$21,000

Injuries

Plaintiff suffered lacerations to his right cheek and right ear resulting in permanent scars. He underwent surgery to repair the lacerations requiring approximately 100 sutures. He also claimed emotional injuries.

Result

Three days prior to trial, defendants had the initial mediator, Janet Fields, contact plaintiff with an offer of $150,000, which was accepted by plaintiff.

Other Information

INSURER: Mercury insured the defendants. FILING DATE: June 22, 2010.