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Personal Injury (Non-Vehicular)
Premises Liability
Dog Incident

Inge Groess v. Mehran Naima, Farzaneh Saleh Yazdani

Published: Oct. 19, 2000 | Result Date: Jun. 24, 2000 |

Case number: C9902671 Verdict –  $88,000

Judge

Richard Flier

Court

Contra Costa Superior


Attorneys

Plaintiff

R. Lewis Van Blois
(Van Blois Law)


Defendant

Mark W. Shem

Ayhan M. Menekshe


Facts

On July 27, 1998, a 61-year-old school teacher was rollerblading on a public street. As she passed the
defendantsÆ house, their German Shephard mix ran at her and bit her left leg, knocking her to the pavement. A
neighbor came to her aid but did not witness the attack.
Defendant Salehyazdani was called to the scene and she agreed to take the plaintiff to a medical clinic.
The plaintiff testified that the defendant admitted her dog was responsible. The defendant denied she ever
admitted her dog was responsible and testified that her dog could not have bitten the plaintiff because he was
with the defendant in the house.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $75,000. The defendant made a C.C.P. Section 998 offer for $25,000.

Specials in Evidence

$2,267 $10,000 - $15,000

Injuries

Laceration to the left calf, leaving a scar, requiring two surgeries to improve.

Other Information

The defendant's in limine motion was granted excluding evidence as to allegation regarding the payment of medical expenses.

Deliberation

two hours

Poll

12-0 (liability), 10-2 (damages)

Length

six days


#126801

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