Confidential
Settlement – $300,000Facts
On June 4, 1991, the defendant breeder sold an Akita dog to the defendant owners. At the time of the sale, the defendant breeder retained an ownership interest in the dog for the purposes of breeding and showing the dog. By the terms of the written contract executed at the time of the sale, the defendant breeder's ownership interest was to expire when the dog reached two years of age. The defendant breeder alleged that it told the defendant owner that the dog was not turning out as well as they had initially hoped, the defendant breeder had no use for the dog for breeding purposes and that, because of these things, the dog would belong solely to the defendant owner when she finished paying for the dog. The defendant owner paid for the dog in full by September 12, 1993. When she did so, both the defendant owner and the defendant breeder signed the back side of the dog's American Kennel Club (AKC) registration indicating that the defendant breeder had transferred any interest in the dog to the defendant owner. On June 19, 1994, the plaintiffs, including the plaintiff mother, a 32-year-old homemaker, plaintiff father, a 29-year-old manufacturing agent, plaintiff daughter, a then 4-year-old, and plaintiff son, a then 3-year-old, were planting a tree in the front yard of their home in Adelanto, California. The defendant owner was walking her two Akita dogs on a leash. One of the dogs bit the plaintiff daughter. The plaintiffs brought this action against the defendants based on negligence, strict liability, battery and emotional distress theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 demand of $299,999 (policy limits of $300,000) from the defendant owner.
Specials in Evidence
$21,169.64 (plaintiff daughter) undetermined for reconstructive plastic surgery (plaintiff daughter)
Injuries
The plaintiff daughter alleged that she sustained the following injuries as a result of the incident: neck and facial lacerations requiring surgery and dental work, including a tooth extraction and prosthetic bridge; disfiguring facial scarring; and mental/emotional trauma requiring family counseling.
Other Information
The settlement was reached approximately one year and one month after the case was filed. The defendant breeder was dismissed from the case following a successful motion for summary judgment. A settlement conference was held before Judge Stanley Hodge of San Bernardino County Superior Court on October 6, 1995 and October 13, 1995, and resulted in the settlement.
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