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CONFIDENTIAL

Jan. 22, 2003

Personal Injury
Dog Bite
Strict Liability

Confidential

Settlement –  $274,999

Judge

Michael L. Stern

Court

L.A. Superior Central


Attorneys

Plaintiff

Stephen C. Rasak


Defendant

Tracy C. Phillips


Experts

Plaintiff

David A. Bray
(medical)

Defendant

Michael P. Falvey
(medical)

Facts

The plaintiff, an 8-year-old girl, was playing with the defendant's Akita dog on the floor of the defendant's living room. Both the defendant and the minor plaintiff's mother were present in the room. The dog had a toy in its mouth and the child was playing tug of war, pulling the toy while in the dog's mouth. The dog suddenly dropped the toy and barked. The minor plaintiff believed that the dog was playing with her and barked back. At that moment, the dog attacked her by knocking her to the floor and biting her.

Settlement Discussions

The plaintiff submitted, and the defendant agreed to, a C.C.P. Section 998 demand of $274,999.

Specials in Evidence

$8,284 $6,900

Injuries

Multiple facial lacerations, including a large laceration to the right side of the face running from the nose to the ear resulting in surgical debridement and closure. Residual facial scarring.

Result

$613,000 total value including future periodic payments


#81059

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