Esther Cervantes, Israel Cervantes Jr. v. Happy Hearts German Shepherd Rescue, Taylor Made Working Dogs
Published: May 7, 2021 | Result Date: Mar. 9, 2021 | Filing Date: Nov. 4, 2020 |Case number: 37-2020-00040315-CU-PO-CTL Settlement – $1,300,000
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
Otto L. Haselhoff
(Law Offices of Otto L. Haselhoff PC)
Defendant
David B. Ezra
(Berger Khan)
Experts
Plaintiff
Ron Berman
(canine behavior consultant and trainer)
Mark Mofid M.D., F.A.C.S.
(plastic and reconstructive surgery)
Facts
On July 23, 2020, plaintiff Esther Cervantes was attacked by a German shepherd at Happy Hearts German Shepherd Rescue. Taylor Made Working Dogs had custody of the animal. Her son, Israel Cervantes was present and witnessed the incident.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants are liable for negligence, violation of statute, premises liability and misrepresentation because defendants co-owned, harbored, managed, controlled and presented the dangerous dog to plaintiff. Had plaintiff known the dog was dangerous, she would not have come into close proximity of the dog and the incident would not have occurred.
DEFENDANT'S CONTENTIONS: Defendant admitted liability.
Insurer
GuideOne Specialty Mutual Insurance Company insured Happy Hearts German Shepherd Rescue. Fire Insurance Exchange insured Taylor Made Working Dogs.
Specials in Evidence
Meds: $8,500 (Esther Cervantes)
Injuries
Esther Cervantes suffered facial laceration. Israel Cervantes suffered loss of consortium and emotional distress.
Result
The case settled for $1.3 million policy limits ($1 million from Happy Hearts German Shepherd Rescue; $300,000 from Taylor Made Working Dogs).
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