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Personal Injury
Dog Bite
Strict Liability

Boone v. De La Rosa

Published: Jul. 9, 2009 | Result Date: May 16, 2009 |

Case number: S-1500-CV-265222 Verdict –  $125,000

Court

Kern Superior


Attorneys

Plaintiff

Richard A. Fisher
(Law Office of Richard A Fisher)


Defendant

Keevil L. Markham
(Law Offices of Keevil L. Markham)


Facts

On Dec. 15, 2007, plaintiff, a 27-year-old female, was watering her back lawn when her next door neighbor's dog came into her yard, attacked and bit her. The plaintiff relied on strict liability per California Civil Code section 3342. The defendant did not dispute liability, but disputed the nature and extent of plaintiff's injuries and reasonableness of treatment.

Settlement Discussions

At a prior pre-trial mediation, the defendant indicated that it might pay $50,000.

Injuries

Plaintiff claimed a dog bite with residual scar and infection requiring surgical debidement.

Result

The case settled for $125,000 at a second mediation during litigation. Both mediations were held by Judge Russell Bostrom of Judicate West.

Other Information

FILING DATE: Sept. 26, 2008.


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