Chris Troy v. Richard H. Boyce Family Trust
Published: Aug. 15, 1998 | Result Date: Mar. 18, 1998 | Filing Date: Jan. 1, 1900 |Case number: 704266 Verdict – $10,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Dennis Fetko
(medical)
Hameed Daneshmand
(medical)
Defendant
Matthew Gleason
(medical)
Facts
On May 5, 1996, 23-year-old plaintiff Chris Troy went to visit defendant Richard Boyce's tenant who owned a pit bull. The tenant had rented the premises with the defendant's knowledge of the single pit bull. The defendant's property manager, defendant Bill Luther, claimed that the dog was friendly and docile and just "licked him a lot." Some time thereafter, the tenant took possession of a second pit bull. Per the defendant, there was no evidence of prior attacks by the tenant's dogs. When the plaintiff went to visit the tenant at the premises, he called to the tenant through an open, unscreened window. The plaintiff claimed that he had put his face up to, but not inside, the window. The defendant claimed that the plaintiff put his head inside the window. The plaintiff was bit in the face while calling out to the tenant, but could not identify which dog bit him. The plaintiff suffered a puncture type wound, but did not require stitches. The plaintiff brought this action against defendants Richard Boyce and Richard Boyce Family Trust based on negligence. The plaintiff also named the dog owner, who was dismissed prior to trial, and defendant's management company, Bill Luther Realty. Luther was dismissed after the court granted his summary judgment motion.
Settlement Discussions
The plaintiff made a settlement demand for $14,999. The defendants made an offer for a waiver of costs.
Specials in Evidence
$500 $3,000
Injuries
The plaintiff suffered a bite to the face. He did not receive stitches for the puncture wound.
Other Information
The verdict was reached approximately one year and six months after the case was filed. ARBITRATION: An arbitration was held before Anthony Dellelis resulting in an award of $36,000 to plaintiff against the dog owner and a finding in favor of the defendant landlord. The plaintiff requested a trial de novo to pursue a cause of action against the landlord because he believed the dog owner was "judgment proof." EXPERT TESTIMONY: The plaintiff called Dr. Dennis Fetko (known in the San Diego area as "Dr. Dog" from radio and television appearances), who testified, based on his off-site inspection of the dogs, that the property manager would had to have known of the dog's dangerous propensities based upon the property manager's admission that he frequently visited the premises.
Deliberation
four hours
Poll
9-3
Length
2½ days
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