Facts

Plaintiff Farzane Kazemi, a housekeeper, was at her client's home, in the back yard. The defendant, the client's landscaper, Stanley Robinson, was also working at the house that day. His puppy was loose in the client's back yard. The dog jumped up at plaintiff, she stepped backwards, and fell over. There were no other witnesses to her fall.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the puppy jumped on her, causing her to fall. She alleged that defendant should have had the dog on a leash because he knew the puppy had a tendency for jumping on or toward people.

DEFENDANT'S CONTENTIONS:
The defendant denied that the puppy ever jumped on plaintiff. He claimed plaintiff was wearing an all-white religious outfit at the time of the incident and jerked backwards to keep her outfit from getting dirty. He argued that plaintiff's attempt to evade the dog was what caused her to fall. He disputed her alleged inability to work as a result of her injuries and her claim of DeQuervain's syndrome.

Settlement Discussions

The plaintiff demanded $350,000. The defendant offered $60,000, which was rejected. According to plaintiff, her last demand was $120,000.

Specials in Evidence

$52,000 for x-rays, surgery and physical therapy Plaintiff requested $70,000 in lost wages. Plaintiff claimed she was unable to work as a housekeeper anymore because of the pain, and sought $120,000 in future lost wages. $6,000 for operation to treat her DeQuervain's syndrome injuries

Damages

The plaintiff sought $300,000 for her pain and suffering.

Injuries

The plaintiff fractured her left wrist. She required surgery to implant plates into her wrist. She also claimed she had developed DeQuervain's syndrome, which causes swelling of the wrist and numbness, and suffered from a persistent loss of range of motion in her wrist.

Result

The plaintiff and defendant were each found 50% negligent. The jury awarded plaintiff $112,154. She was given $52,154 for past medical care, $10,000 for past non-medical economic loss, $40,000 for past non-economic loss, and $10,00 for future non-economic loss. The jury's award was reduced to $56,077. According to plaintiff: plaintiff made a motion for new trial/additur for inadequate future non-economic damages, based on the undisputed medical testimony that plaintiff had permanent residuals (loss of range of motion and grip strength), and on plaintiff's testimony. The motion was conditionally granted unless defendant accepted an additur of $50,000 to the other damages. Defendant did not accept, and the new trial on the issue of future non-economic damages will occur on Feb. 2, 2007.

Deliberation

six hours

Length

two days