Facts

Jennifer Campbell and Mary Fencl filed an action against Molly's Mutts and Meows, Anthony Runfola and Molly Wootton in relation to an incident involving a dog.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that on Jan. 2, 2012, they found a stray dog and leashed it to a pole on their property, when the dog attacked a cat also on the property. They tried to assist the cat. They hit the dog and Fencl tried to choke the dog, before using her hands to pry open the dog's mouth. Fencl then put her entire forearm in the dog's mouth to dislodge the cat. They both alleged that the dog bit them during this process and claimed that its foster parent, Runfola, was negligent in letting the dog escape through a loose spline in the screen door to his home, as were Molly's Mutt's and Wootton, who owned a non-profit rescue organization that had rescued the dog from an animal shelter. They alleged general negligence and strict liability.

DEFENDANT'S CONTENTIONS:
Defendants argued that they did not own the dog, and were only taking care of it in the meantime. They also argued that plaintiffs were the cause of their own injuries because they caused the dog/cat fight and interjected themselves.

Settlement Discussions

Fencl demanded $900,000 and Campbell demanded $75,000. The defense offered $20,001 under CCP Section 998 to Fencl and $10,001 under CCP Section 998 to Campbell.

Injuries

Fencl suffered bite marks, arm injury, nerve problems, soreness and emotional distress. Campbell suffered hand and arm injuries, and post-traumatic stress disorder.

Result

As to Campbell, the jury rendered a full defense verdict in favor of Wootton. However, on the negligence claim, it awarded Campbell $15,205 against Runfola and Molly's Mutts, which was decreased to $8,362.75 following set offs due to contribution. As to Fencl, on the strict liability claim, the jury awarded her $57,505.85. The jury determined Molly's Mutts was liable as to strict liability, and that Runfola and Molly's Mutt's were liable with respect to negligence, but did not apportion damages to Runfola. The jury found only for Wootton on the negligence claim.

Other Information

Both were settled post-verdict for confidential amounts.