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Personal Injury (Non-Vehicular)
Premises Liability
Dog Incident

Robert and Judith George v. Contractor Equipment Corporation

Published: Apr. 22, 1995 | Result Date: Feb. 24, 1995 | Filing Date: Jan. 1, 1900 |

Case number: N60502 –  $344,054

Judge

David B. Moon Jr.

Court

San Diego Superior


Attorneys

Plaintiff

T. Michael Reed


Defendant

Brian S. Inamine


Experts

Plaintiff

Dennis Luschen
(medical)

Danny Lamaster
(technical)

Sylvain Palmer M.D.
(medical)

Defendant

Lawrence J. Richman J.D.
(medical)

Facts

On December 5, 1992, Plaintiff Robert George, a 50-year-old business owner, was standing in his driveway when Defendant's dog got loose a second time from a neighboring business' yard. The dog had escaped that morning and was then put back into the same fenced area where it escaped the second time. As a protective measure, Plaintiff began waiving his arms over his head in an alleged attempt to make himself appear bigger. The dog ran at Plaintiff, jumped at him, knocked him down, and then bit him on the leg. A few months later, Plaintiff claimed he suffered a neck herniation. Contractor Equipment Corporation was named as Defendant.

Settlement Discussions

Plaintiff contends that he made a 998 demand in the amount of $200,000 and that Defendant made a 998 offer in the amount of $145,000.

Specials in Evidence

$49,000 $40,000

Damages

Plaintiff asked the jury to award between $350,000 and $450,000.

Injuries

Dog bite on leg; herniated disk at C5-6 requiring surgery; residual mild neck soreness.

Deliberation

1 day

Poll

12-0

Length

4 days


#78367

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