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CONFIDENTIAL

May 24, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Dog Incident

Confidential

Settlement –  $80,000

Court

Contra Costa Superior


Attorneys

Plaintiff

James J. Rosati


Defendant

Dale H. Thayer


Experts

Plaintiff

James M. Talcott
(medical)

Glen Lau
(medical)

Defendant

Donald Mako
(medical)

Facts

The plaintiff, a 32-year-old postal carrier, was attacked and bitten by defendantÆs German Shephard while
delivering mail to the defendantÆs house. The dog reared onto its hind legs and bit the plaintiff on the forearm
as she raised it to shield her face and neck.

Settlement Discussions

The plaintiff initially demanded $100,000 (policy limit). The defendant initially offered $40,000.

Specials in Evidence

$12,000 $18,000 $11,000

Injuries

The plaintiff sustained laceration injuries to right forearm with residual scarring, mild ulnar nerve injury, right rotator cuff tear requiring surgery and dog phobia requiring psychological treatment.


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