James Shinnick v. Elba Ocasio, Rodney Marchetta, Galewood Homeowners Association
Published: Apr. 26, 2005 | Result Date: Dec. 8, 2004 | Filing Date: Jan. 1, 1900 |Case number: CGC03418514 Verdict – $1,925
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
James A. Lassart
(Murphy, Pearson, Bradley & Feeney)
Defendant
Anthony F. Pinelli
(Williams, Pinelli & Cullen LLP)
Experts
Plaintiff
Allan Snyder
(technical)
Defendant
Wendy Morawski
(technical)
E. Robert Miller
(technical)
Rebecca Leon
(medical)
Facts
James Shinnick, a 47-year-old general contractor, was remodeling a townhouse in San Francisco when he was allegedly bitten on his shin by one of two unleashed dogs. Both dogs came from neighbor Rodney Marchetta's townhouse. One was Marchetta's own dog and the other was Elba Ocasio's dog. Shinnick sued Marchetta, Ocasio and the Galewood Homeowners Association, alleging violation of the dog bite statute and negligence.
Settlement Discussions
The plaintiff demanded $75,000, raised to $90,000 globally. Defendant Ocasio offered $2,000 (C.C.P. Section 998); Defendant Marchetta offered $5,000 (C.C.P. Section 998); defendant Galewood Homeowners Association offered $10,000 (C.C.P. Section 998)
Specials in Evidence
$400 $1,200
Damages
$30,000 in general damages as well as punitive damages.
Injuries
The plaintiff suffered a puncture wound to his shin and claimed he now has a fear of dogs.
Result
Defendant Ocasio to pay $700; defendant Marchetta to pay $1,225; defendant Galewood to pay $0
Deliberation
four hours
Length
3.5 weeks
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