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Personal Injury
Dog Bite
Strict Liability

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

Timothy B. Taylor

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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