Facts

Plaintiff Lilian Atkins, a 6-year-old girl, along with her mother, approached a Wheaten Terrier on a leash in a public park. As she bent down to pet him, the dog jumped up and bit the girl's face.

PLAINTIFFS' CONTENTIONS: The minor plaintiff had to have surgical repair, but was left with a serious facial scar. Minor plaintiff and her mother filed their complaint under California's strict liability law regarding dog bites. The mother brought a claim for emotional distress.

DEFENDANT'S CONTENTIONS: Defendant disputed the extent of plaintiffs' injuries.

Insurer

Homesite Insurance Company

Settlement Discussions

Plaintiffs demanded $1 million total. Defendant offered policy limits of $300,000, including $275,000 CCP 998 offer to the minor plaintiff and $25,000 to the mother).

Specials in Evidence

Meds: Past medical specials waived. None Future Meds: Minor plaintiff claimed $26,000 medical, and $30,800 psychological. Plaintiff's mother claimed $6,875.

Injuries

Plaintiff's plastic surgeon testified that four surgical revisions were necessary at a cost of $6,500 for each procedure, a total of $26,000. Defendant's psychologist testified that minor plaintiff and her mother suffered from PTSD. Minor plaintiff would require 112 sessions total at different ages in order to cope with the scar on her face. She testified that her mother would require 25 sessions of counseling. Counseling fees could vary between $220 per hour and $275 per hour. The Kaiser Health Plan plastic surgeon, the treating physician, and defendant's plastic surgeon testified that only two surgical revisions were necessary. Defendant's plastic surgeon testified that surgery would cost $5,000 for each procedure, a total of $10,000. Because both defendant's psychologist and plaintiff's psychologist (who was not called to testify) said that more counseling was needed for the minor plaintiff due to the failure to provide counseling after the bite, defendant argued that there was a failure to mitigate. Defendant also argued that, since all three plastic surgeons agreed, that it was possible to revise the scar after it was mature, plaintiffs failed to mitigate by proceeding with scar revisions that would have reduced the emotional distress issues experienced by minor plaintiff.

Result

Plaintiffs' verdict for $143,325, which included $118,200 for minor plaintiff and $25,125 for her mother.

Deliberation

4.5 hours

Poll

12-0

Length

six days