Confidential
Settlement – $274,999Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David A. Bray
(medical)
Defendant
Michael P. Falvey
(medical)
Facts
The plaintiff, an 8-year-old girl, was playing with the defendant's Akita dog on the floor of the defendant's living room. Both the defendant and the child's mother were in the room at the time. The Akita had a toy in its mouth and the child was playing tug-of-war and was pulling on the toy while in the dog's mouth. The dog dropped the toy and began to bark. The child, believing that the dog was playing with her, barked back. At that moment, the dog attacked her knocking her to the ground and biting her. The plaintiff contended that the defendant was liable under Civil Code Section 3342. The defendant did not dispute liability.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $274,999 which was accepted by the defendant. Total recovery including periodic payments is $613,000.
Specials in Evidence
$8,284 $6,900 (the need for this was disputed by the defendant but the plaintiff argued that they were reasonable and necessary)
Injuries
Multiple facial lacerations including a large laceration to the right side of the face running from nose to ear, resulting in surgical debridement and closure; residual scarring that may be treated with revision surgery.
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