Facts

On Feb. 7, 2006, plaintiff Beatrice Raker, 89, while walking her dog near her house, was knocked to the ground by defendant Isidro Ortega's dog, which had escaped from his yard. The plaintiff at the time was suffering from senile dementia and Alzheimer's disease.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent in failing to appropriately confine the dogs. The plaintiff claimed that as a result of her injuries, her dementia progress, she could no longer live in her home necessitating her move to an assisted living center.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff's senile dementia and Alzheimer's disease were of a progressive nature and the plaintiff was incapable of caring for herself irrespective of the wounds inflicted by the dogs. The defendant also contended that he owned only one of the dogs, and the other dog was merely a guest on his premises. Shortly after her injury, the plaintiff was unable to recall the events due to her severe dementia.

Injuries

The plaintiff's injuries included a gash to her left forearm and a fracture to her left radius and a non-displaced fracture to her left hip.

Result

Settlement for $500,000 policy limits.

Other Information

FILING DATE: July 26, 2006.