Facts

In 2003, Plaintiff Lisa Wallin was walking her cocker spaniel in a residential neighborhood in Spring Valley. While Wallin, 47, was walking on the sidewalk, a golden retriever charged out of a house in her direction. The dog knocked Wallin down and bit her several times on her left hand, arm, shoulder and right forearm. Wallin filed a lawsuit against Nanette and Michael O'Gara, the dog's owners. She alleged strict liability under Civil Code Section 3342(a) which pertains to dog bites.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the dog had previously demonstrated dangerous propensities that the defendants were aware of. As a result, the defendants had a duty to control the dog.

DEFENDANT'S CONTENTIONS:
The defendants did not dispute liability, but did dispute the extent of the plaintiff's post-traumatic stress claims.

Settlement Discussions

The plaintiff demanded $500,000 and the defendants offered $120,000.

Specials in Evidence

$31,973. The plaintiff, who is a tour guide, sought $5,500. $9,500 for reconstructive surgery.

Injuries

The dog bit the plaintiff many times on her arms and shoulder. The plaintiff suffered lacerations, puncture wounds and abrasions. The wounds caused permanent disfigurement and scarring on her arms and hand, as well as limited motion. The plaintiff also suffered a fracture to a finger when she fell down and was trying to fend off the attack. The plaintiff underwent a surgical procedure in which screws and plates were used to repair her finger. After the surgery, the plaintiff suffered from a rash. A second surgery was also performed to remove the hardware. The plaintiff also underwent physical therapy for a period of 12 weeks. The plaintiff claimed the attack has caused her to suffer from post-traumatic stress disorder and depression.

Result

The parties settled for $225,000.