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Torts
Negligence
Dog Incident

Wiggins v. Waite

Published: Mar. 13, 1999 | Result Date: Jan. 5, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 281918 Verdict –  $23,256

Judge

Victor L. Miceli

Court

Riverside Superior


Attorneys

Plaintiff

Gary A. Dordick
(Dordick Law Corporation)


Defendant

Lawrence S. Rookhuyzen


Experts

Plaintiff

James F. Lineback M.D.
(medical)

Defendant

Marvin Appel
(medical)

Ron Berman
(technical)

Facts

On June 5, 1995, plaintiff Melba Wiggins, a 60-year-old widow, was walking past defendant's property. The defendant owned four dogs, three Rotweilers and one Jack Russell Terrier. The four dogs allegedly left defendant's property and attacked the plaintiff. The plaintiff brought this action against the defendants based on dog bite statute.

Settlement Discussions

Prior to trial, the defendants offered a C.C.P. º998 offered for $15,000 and the plaintiff's demand was $79,999. On the day before trial, defendants increased their offer to $25,000 and plaintiff reduced her demand to $35,000.

Specials in Evidence

$14,870.66

Injuries

The plaintiff sustained numerous wounds made by the dogs claws or teeth including at least two puncture wounds. The plaintiff also claimed that the dog attack aggravated a pre-existing heart condition requiring three hospitalizations.

Other Information

The case was arbitrated before Michael Pennell who awarded plaintiff $15,000. The plaintiff requested a trial de novo.

Deliberation

one day

Length

five days


#80268

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