Facts

On Nov. 3, 2006, plaintiff Robert Thomas was delivering mail in his capacity as a postal carrier to a Los Angeles property owned and operated by defendants Del Sol Property Management (Del Sol) and Hector Navarez. There, an 80 lb. German shepherd mix owned by defendant tenants Jovita and Manuel Sosa jumped on plaintiff, who fell back on the sidewalk.

Thomas sued Del Sol, Navarez, and the Sosas.

PLAINTIFF'S CONTENTIONS:
Thomas contended that Del Sol and Navarez negligently maintained the premises. Thomas contended that the gate from which the dog escaped had no self-locking latch point so that it could close properly. Thomas further contended that the Sosas were also negligent. Finally, Thomas contended that the dog was vicious.

DEFENDANTS' CONTENTIONS:
The defense contended that there was no prior notice the dog was vicious. Del Sol and Navarez argued that the Sosas were solely responsible for the attack. They contended that the Sosas admitted that they had forgotten to lock the gate's chain and padlock.

Settlement Discussions

Thomas demanded $225,000.

Specials in Evidence

Thomas claimed $24,558 in medical costs. Thomas, who was out of work for eight months as a result of surgery, claimed $16,800 in lost earnings.

Injuries

Thomas claimed a ulnarstyoloid and right dominant distal radius fracture with deformity to his right wrist. He experienced a resulting decrease in range of motion and carpal tunnels. These injuries required surgery and pain medication.

Result

The found in favor of Thomas and awarded him $24,558 in past medical costs, $16,800 in past lost earnings, and $900,000 for pain and suffering.. For pain and suffering damages, the jury found that 12 percent of the liability went to Jovita Sosa and 88 percent went to Navarez. Navarez was found 100 percent liable for economic damages.

Other Information

INSURER: State Farm Insurance for Navarez and Del Sol. Uninsured for the Sosas. Manuel Sosa passed away during the proceedings.

Deliberation

two hours

Length

two days