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Personal Injury
Dog Bite
Strict Liability

Gregory Hopkins v. Paul D. Tierman, Kimberly D. Tierman

Published: Jan. 7, 2012 | Result Date: Nov. 7, 2011 | Filing Date: Jan. 1, 1900 |

Case number: RIC10008402 Verdict –  $25,000

Court

Riverside Superior


Attorneys

Plaintiff

Samantha Berryessa

Suzanne H. Mindlin
(Law Offices of Suzanne H. Mindlin)


Defendant

Vincent M. Onorio


Experts

Plaintiff

David Kupfer
(medical)

Defendant

Lee Silver
(medical)

Facts

On May 16, 2008, Gregory Hopkins, who worked as a propane meter reader, walked onto the property of Paul and Kimberly Tierman to read a propane meter. This conduct was covered by an agreement with Hopkins's employer and the Tiermans. While on the property, the Tiermans' dog, a Chesapeake Bay retriever named Boomer, bit Hopkins's hand. As a result, he sued the Tiermans.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged claims for strict liability, premises liability, negligence, and negligence per se. He argued that the dog charged at him and tried to bite his face or throat, and ultimately bit his left hand.

DEFENDANT'S CONTENTIONS:
Defendants disputed causation and damages.

Settlement Discussions

Plaintiff demanded $34,499 and defendants offered $25,537.

Damages

Plaintiff sought $243,000 for lost earning capacity and non-economic damages.

Injuries

Hopkins claimed to have suffered anxiety, bite marks, debridement, emotional distress, finger laceration, hand injury, nerve damage, scarring or disfigurement, and thumb injury. He required sutures and physical therapy.

Result

The jury awarded plaintiff $25,000 with costs.

Other Information

Farmers Insurance Group of Cos. insured defendants.

Deliberation

three hours

Poll

12-0

Length

four days


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