Virginia Kinninger, Ron Kinninger v. Salvador Carrillo, Maria Carrillo, Bob Gera, Mark Gera, Ane Gera
Published: Jan. 26, 2013 | Result Date: Nov. 13, 2012 | Filing Date: Jan. 1, 1900 |Case number: CISCV171659 Verdict – $336,535
Court
Santa Cruz Superior
Attorneys
Plaintiff
Defendant
Richard E. Eichenbaum
(Caputo & Van Der Walde LLP)
David J. Stock
(Rankin Stock Heaberlin Oneal)
Experts
Plaintiff
Carol R. Hyland M.A.
(technical)
Randall Nacamuli
(medical)
Defendant
Jan Roughan R.N.
(medical)
Facts
On Jan. 1, 2010, Virginia Kinninger was walking on a sidewalk in Watsonville, when a pit bull ran onto the sidewalk from Salvador and Maria Carrillo's backyard. The dog bit Kinninger on the leg, and she fought to keep the dog off of her, until Salvador Carrillo removed it. Kinninger sued the Carrillos, as well as Bob Gera, the owner of the home, and Mark Gera, the property manager.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the Carrillos should be strictly liable and the Geras were in turn, liable for the Carillos' conduct. She alleged that the dog had dangers propensities, which Salvador Carrillo failed to protect the public from because he tied the dog's leash to a pole. Further, plaintiff alleged that Mark and Bob Gera knew about the dog's dangerous propensities because a previous landlord told them.
DEFENDANT'S CONTENTIONS:
Bob and Mark Gera argued that they did not know about the dog's dangerous propensities, and denied that the previous landlord told them about the dog.
Settlement Discussions
Plaintiff demanded $500,000 against the Geras. Salvador Carrillo offered $101,000.
Damages
Plaintiff sought $105,000 in stipulated past medical costs, between $60,000 and $100,000 in lost household services and aid, $500,000 in past pain and suffering, and $190,000 for future pain and suffering.
Injuries
Plaintiff suffered bite marks, debridement, loss of tissue, a puncture wound, scarring on her leg, and a skin graft.
Result
The jury awarded Plaintiff $336,535 against Salvador Carrillo only. The jury returned a defense verdict for the Geras. The case later settled for payment of Carillo's insurance policy limits of $101,000.
Length
six days
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