Facts

On June 14, 2017, four-year-old Tezza Ramirez arrived for her horse-riding lesson at Windsong Farm, at the Huntington Beach Central Park Equestrian Center. She was accompanied by mom Glenny Ramirez, and her two-year-old brother Ivan Ramirez. Tezza entered the office of Windsong Farm with her mom. It is disputed whether she asked permission to pet the dog Brady, a two-year-old Golden Retriever, which was laying on the office floor near a desk at the front of the office. Tezza and Glenny started to pet Brady, when Brady attacked Tezza, biting her on the face. It was claimed that Glenny was also bitten, and that Glenny and Ivan suffered serious emotional distress from watching Tezza be attacked. Tezza required 28 stitches near her left eye, three stitches at the left corner of her mouth, and four stitches under her chin. Tezza was put under general anesthesia to put the stitches in, and to remove them about a week later. Tezza is claimed to now be petrified of dogs, as are her mom and brother. Mom has nightmares and panic attacks; she has to take Xanax whenever she will be out in public where there might be a dog. Tezza, now at nine-years old, has a persisting hyperpigmented scar at the corner of her eye, several centimeters long, and about three to four millimeters wide. Scar revision surgery may be needed when she stops growing to reduce the width of the scar, and to improve its color.

Tezza, Glenny, and Ivan sued Show Horses, Inc. dba Windsong farm, the admitted owner of the dog, the horse-riding trainer Tracy Burroughs, who is also the president of Show Horses, and National Equestrian Center, Inc. dba Huntington Beach Central Park Equestrian Center. Tezza claimed strict liability under the California Dog Bite Statute, common law strict liability for an unusually dangerous animal, and negligence. Glenny Ramirez claimed liability under the Dog Bite Statute, common law strict liability for an unusually dangerous animal, negligence, and negligent infliction of emotional distress as a bystander. Ivan claimed recovery for negligent infliction of emotional distress as a bystander.

Show Horses, Inc., Tracy Burroughs, and National Equestrian Center, Inc. filed a cross-action against Glenny Ramirez for negligence. Glenny Ramirez demurred and the cross-claimants subsequently dismissed the claim.

Show Horses, Inc. admitted before trial that it was the owner of the dog Brady, and admitted fault as to plaintiff Tezza Ramirez only under the Dog Bite Statute.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Tezza and Glenny Ramirez were entitled to recover for physical injuries under strict liability theories under the Dog Bite Statute and common law. They both claimed that the defendants were negligent. Glenny and Ivan Ramirez claimed that they witnessed a vicious attack by Brady on Tezza, and they suffered serious emotional distress.

The negligence claim arises from Brady's involvement in a claimed attack about 13 months before this attack on Tezza. The prior incident did not involve a bite, but it was claimed that the dog was about to be pet by an adult female, the dog lunged at her, and she fell injuring her back. Thereafter, the adult female filed a negligence action against Tracy Burroughs, Show Horses, Inc. and National Equestrian Centers, Inc. to recover damages for the dog shattering her spine. This was claimed to be notice that the dog had a dangerous nature, and the defendants should not have allowed the dog onto the equestrian center property.

DEFENDANTS' CONTENTIONS: Defendants Burroughs and National Equestrian Center claimed that they were not the owner of Brady. That they were not negligent because the incident 13 months before was a non-incident when Brady barked at a lady, she was startled, and fell injuring her back; this prior event was seen by a witness. Defendants also claimed that Glenny Ramirez was not bitten in this event with Brady, and that she and Ivan did not suffer serious emotional distress.

Settlement Discussions

Before Covid, all defendants offered all plaintiffs $215,000. Before the start of trial, all defendants offered all plaintiffs $300,000. During jury deliberations, all defendants offered all plaintiffs $400,000, which was withdrawn when the jurors came into the courtroom to publish their verdicts. Before Covid, plaintiffs demanded of all defendants millions of dollars; by the time of trial, the demand was $550,000 for all plaintiffs to all defendants, but this demand was increased back to $1 Million during trial, and was never lower up to the time of the verdicts.

Damages

At trial, plaintiffs waived any recovery of economic damages. They argued for recovery of $1.5 million for Tezza; $600,000 for Glenny; $150,000 for Ivan The defense argued $75,000 for Tezza; if liability was found for Glenny, then $20,000; the defense argued for a defense verdict as to Ivan.

Injuries

Tezza suffered lacerations and a scar on her face, emotional distress, and fear of dogs. Glenny suffered a scratch on her hand, and claimed serious emotional distress. Ivan claimed serious emotional distress.

Result

The jury awarded $75,000 to Tezza Ramirez as against Show Horses, Inc. Defendants Burroughs and National Equestrian Centers, Inc. received defense verdicts as to Tezza. All defendants received defense verdicts as to plaintiffs Glenny and Ivan Ramirez.

Other Information

Plaintiffs have filed a Notice of Intention to Move for New Trial.

Deliberation

2.5 hours

Length

10 days