Facts

Plaintiff Susan Turner, 43, brought this strict liability action against defendants Kevin and Jennifer Davis based on a dog bite plaintiff suffered while on the sidewalk in front of defendants' house in Manhattan Beach.

The 50-pound, rescued, mixed breed Pit Bull/Jack Russell Terrier, bit plaintiff in the upper portion of her left calf. Plaintiff is a United States Postal Service letter carrier, and she had been wearing shorts. The dog bit plaintiff once, then ran back into defendants' house.

Defendants admitted liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she fell down onto her hands and left knee. She had three lacerations on her leg where she had been bitten.

Plaintiff contended that she returned to work, but only light duty. Over time, she was able to return to her full letter carrying duties, but only with the help of other letter carriers who took part of her route. Plaintiff testified her left leg never felt good.

DEFENDANTS' CONTENTIONS:
Defendants claimed that plaintiff had always limped when they had seen her delivering mail prior to the date of the incident.

Settlement Discussions

Plaintiff made a CCP 998 demand for $500,000. Defendants made a CCP 998 offer for $60,000.

Injuries

Plaintiff's employer took plaintiff to an urgent care clinic, where she received 14 stitches. Plaintiff followed up with her primary care doctor who provided antibiotics. On Dec. 18, 2010, orthopedist Seth Bolling, M.D., had a left knee MRI performed revealing no meniscal or ligament damage. Defendants argued that plaintiff's workers' compensation claim doctor and orthopedist, Joseph Conaty, M.D., reported on Feb. 3, 2011 that plaintiff's lacerations had healed and she was authorized to return to her duties as a letter carrier. Orthopedic surgeon Peter Lorman, M.D, also saw plaintiff. A second left knee MRI was performed two years later on Feb. 19, 2013 revealing a new tear to the medial meniscus. On May 13, 2013, Dr. Lorman performed an arthroscopic meniscectomy in her left knee from which plaintiff never fully recovered. By the time of trial, plaintiff was still walking in a labored manner. In spite of Dr. Conaty's return to work report dated Feb. 3, 2011, Dr. Lorman testified at trial that plaintiff's severe arthritis and meniscal damage was all new and attributable to the dog bite incident. Dr. Lorman felt plaintiff was already a candidate for a knee replacement surgery.

Result

$107,565 in favor of plaintiff. All past medical bills were awarded, including the post knee surgery bills. No future economic or non-economic damages awarded.

Other Information

The parties have agreed the verdict will not be appealed. EXPERT TESTIMONY: Defendants' expert, orthopedic surgeon Robert Wilson, M.D., testified that plaintiff had severe arthritis in her left knee that had taken 15 to 20 years to develop, and which was not affected by her fall to the ground at the time of the dog bite. Dr. Wilson testified the need for the arthroscopic meniscectomy knee surgery was not caused by the dog bite incident because the MRI, taken one month later, showed the meniscus was intact. The meniscectomy was never calculated to improve plaintiff's symptoms because her pain was caused by unrelated osteoarthritis. Dr. Wilson agreed, in light of plaintiff's continuing, unrelated, arthritic left knee pain, she would benefit from a knee replacement surgery. MEDIATOR: Robert Tessier at Judicate West. FILING DATE: Oct. 30, 2012.

Deliberation

four hours

Length

three days