Facts

Plaintiff Evangelina Wilson, a phlebotomist, went to Mr. Ross' apartment to draw his blood. Mr. Ross was the owner of two dogs and he was alleged to be the onsite property manager/handyman at the apartment building in which he lived. When plaintiff arrived, Mr. Ross opened the door and the dogs escaped biting her in the hand. Plaintiff Evangelina Wilson, who developed complex regional pain syndrome as a result of the dog bites, sued the dog owner, Ross and the land owner, Alfredo Zarate. Plaintiff Evangelina Wilson later amended her complaint to name the property management company Don Franklin Realtor, Don Franklin and Brett Franklin as Does.

Plaintiff's husband Eric Wilson filed a separate complaint asserting a cause of action for loss of consortium prior to the expiration of the two year statute of limitations. After the expiration of the statute of limitations, Mr. Wilson filed Doe Amendments naming the Franklin Defendants.

PLAINTIFF'S CONTENTIONS: Plaintiffs claimed that because the dog owner worked as the onsite handy man for the Franklin Defendants who managed the property, the Franklin Defendants were vicariously liable for the dog owner's negligent conduct. Plaintiffs argued that because Ross was on-call 24 hours a day seven days per week, he was on duty at the time that his dogs bit plaintiff and therefore his employer was vicariously liable.

Plaintiffs also claimed that Mr. Wilson's loss of consortium complaint was timely filed, even though he was aware of the identity of the Franklin Defendants at the time of filing his original complaint.

DEFENDANT'S CONTENTIONS: Defendant moved for summary judgment and did not dispute plaintiffs' contention that Ross was an employee of Franklin Defendants at the time of the dog bite. Defendants disputed that he was acting within the course and scope of his employment when he was opening the door in order to allow plaintiff to draw his blood.

Defendants argued that Mr. Wilson's loss of consortium claim was barred by the statute of limitations because he was aware of the identity of the Fraklin Defendants at the time of filing his action and he improperly sued them as Does beyond the two-year statute of limitations.

Settlement Discussions

Plaintiffs last demand was $7.5 million. Defendants made a CCP 998 offer of $250,000.

Injuries

Complex Regional Pain Syndrome from dog bites

Result

Summary Judgment in favor of the Franklin Defendants. The Court found that the dog owner was not in the course and scope of his employment at the time of the claimed negligent conduct and that he was not on duty 24 hours per day seven days per week. The Court also found the loss of consortium claim was barred by the statute of limitations because the Franklin Defendants identities were known prior to the filing of the loss of consortium complaint.