This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jun. 14, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Dog Bite

Confidential

Settlement –  $25,000

Judge

H. Michael Brenner

Court

Orange Superior


Attorneys

Plaintiff

B. Robert Farzad
(Farzad & Ochoa Family Law Attorneys LLP)


Defendant

Kent D. Zippe
(Kent D. Zippe, Esq.)


Facts

The two plaintiffs were victims of multiple dog attacks, resulting in personal injuries and the
death of one of their dogs. The Feb. 18, 1999 attack resulted from the defendant's dog jumping
into the plaintiffs' backyard and attacking the plaintiffs' toy poodle. The Feb. 20, 1999 attack
resulted from the defendant's dog attacking one plaintiff in front of the plaintiffs' house and
injuring the toy poodle. The third attack on April 19, 1999, resulted from the defendant's dog
jumping over the fence, biting and injuring one of the plaintiffs on the knee and killing a toy
poodle.

Settlement Discussions

The plaintiff demanded $40,000. The defendant offered $10,000.

Specials in Evidence

$1,350

Injuries

Injuries to toy poodle from first attack; injuries to toy poodle from second attack and small scar to the plaintiff's knee and death of toy poodle from third attack.

Other Information

<P>The defense filed a motion for summary adjudication regarding punitive damages. The motion was over ruled, as the court held there was clear and continuing evidence of oppression.</P>


#80852

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390