Facts

On Sept. 17, 2004, plaintiff Robert Gipson, 66, while within the course and scope of his employment as a security guard on driving patrol with ADT Security Services Bel Air, observed a female walking her dog on a leash who appeared to be panicked. At the same time, he also noticed two loose dogs on the opposite side of the street. Those two dogs were not accompanied by an owner and were off their leashes. Upon his noticing the female and the two dogs, the female also noticed the stray dogs and began to run toward the plaintiff's unit.

The plaintiff stopped and exited the vehicle and met the female on the passenger side of his unit. At that time, the loose dogs, a large Doberman and a husky mix also arrived at their location and the husky immediately attacked the female's dog, an afghan, while she was being held by her owner. The husky had the afghan dog by the neck. The female had her dog and began attempting to dislodge them. Due to the close proximity of the female to the two dogs, the plaintiff determined that it was inappropriate to deploy his pepper spray without hitting the female.

While wrestling with the female and the three dogs, the plaintiff began to hit the husky on the snout and the top of the head with his fist to get him to release the female's afghan dog. At one point the dogs did get dislodged but the husky immediately attacked again and got the afghan by the neck. At this point, the plaintiff noticed that his blows by hand were not having an effect, so he drew his revolver and began to strike the dog on the head with the butt of the revolver. The plaintiff thought he was going to have to shoot the dogs to stop the attack, however, he was able to get the female into the patrol vehicle with her dog.

During the process of the woman and the three dogs wrestling, the plaintiff struggled to keep from falling down himself, fearful that it would be disastrous if the dogs got on top of him and the female. He felt as if he was holding everyone up. This continued several times, by the third time he was practically on the ground and had pulled himself up and severely twisted his right knee.

Due to the female screaming, several neighbors had gathered. A resident in the neighborhood was able to talk to the dogs and corral them into his fenced yard where the dogs stayed until the owner, defendant Farzin Nassir retrieved them.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant's dogs were allowed to escape and roam free out of the owners enclosed yard and were not on a leash or under any form of restraint or control of a competent person. The defendant was strictly liable under California Civil Code section 3342.

DEFENDANT'S CONTENTIONS:
The defendant stipulated to, and accepted 100 percent liability for this incident. However, the defense doctor stated that the plaintiff's knee injuries were entirely pre-existing and that he did not need surgery nor any future surgery or future knee replacement. They also disputed his past wage loss stating that he should have been working.

Settlement Discussions

The plaintiff originally demanded $500,000 and later reduced to $250,000. The defendant offered $115,000.

Damages

$63,175 workers' compensation benefits paid;

Injuries

The plaintiff sustained left knee chondromalacia patella and right knee internal derangement with a torn meniscus, which ultimately required two right knee arthroscopic surgeries. The first surgery was not successful, but the second surgery was successful. Future right knee replacement was recommended.

Result

Verdict for $411,000 ($36,881 past medical expenses; $54,000 past loss earnings; $52,500 future medical expenses; $73,600 future loss earnings; $30,000 past non-economic loss, including physical pain, mental suffering; $150,000 future economic loss, including physical pain, mental suffering).

Other Information

After trial, the plaintiff filed a cost bill seeking $25,916 and a motion for attorneys' fees seeking $28,500. The defendant filed a motion for a new trial and a motion to tax costs. The case then settled for a compromise amount, $411,000, which has been paid. The jury awarded both past surgeries and a future right knee chondroplasty surgery and half of the future knee replacement surgery. The jury awarded 10 years future loss of earnings based upon the difference the plaintiff would have made at his security job and a minimum wage job ($73,600), since they did not feel plaintiff could ever return to security work, but could perform some minimum wage job. INSURER: Allstate Insurance Company for Farzin Nassir. MEDIATOR: Tom Dillard. FILING DATE: Sept. 18, 2006.

Deliberation

two hours

Poll

12-0 (on Farzin Nassir’s negligence being a substantial factor in causing harm to Robert Gipson), 12-0 (on all economic damages), 12-0 (on all non-economic damages in favor of Robert Gipson and against defendant Farzin Nassir)

Length

three days