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CONFIDENTIAL

Feb. 11, 2003

Personal Injury
Dog Bite
Strict Liability

Confidential

Settlement –  $255,000

Judge

Deanne S. Myers

Court

L.A. Superior


Attorneys

Plaintiff

Stephen C. Rasak


Experts

Plaintiff

John K. McKissock
(medical)

Facts

The plaintiff, a 12-year-old boy, was in a shopping center parking lot where an adopt-a-pet program was being held. The defendant had her Chow breed dog up for adoption. The dog was wearing a collar and leash. The plaintiff and his older sister were filing out the adoption forms for the dog's new owners. At the same time, the plaintiff was holding the dog's leash when the dog lunged forward after a ball that someone was throwing. This caused the plaintiff to fall forward on top of the dog, and then onto the ground. While on the ground, the dog attacked the plaintiff and bit him on the face.

Settlement Discussions

The plaintiff submitted a demand of $275,000; the defendant offered $207,000. The present cash value of the final settlement was $255,00. The plaintiff's sister recovered an additional $5,000 on an emotional distress claim.

Specials in Evidence

$5,287 $3,500 (estimated) for scar revision surgery

Injuries

Extensive lacerations from dog bites to the left cheek and upper and lower lips requiring surgical debridement, irrigation and closure. Residual permanent scarring.


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