Kelly Force v. Nicole Burke and Edgewater Networks Inc.
Published: Jul. 6, 2013 | Result Date: Apr. 3, 2013 | Filing Date: Jan. 1, 1900 |Case number: 1-11-cv-204090 Settlement – $541,000
Court
Santa Clara Superior
Attorneys
Plaintiff
William L. Schmidt
(William L. Schmidt, Attorney at Law PC)
Defendant
Andrew M. Lauderdale
(Kreeft, Pedersen & Lauderdale)
Facts
On Oct. 15, 2010, Kelly Force was making a delivery to Edgewater Networks Inc. Edgewater Networks had a policy that allowed employees to bring in their dogs with them during work hours. On previous occasions, Force had interacted with a dog belonging to Nicole Burke. However, on this occasion, she rubbed the dog's ears, and gave the dog a treat and kissed it many times. The dog bared his teeth, snapped at her face and bit her. Force sued Burke and Edgewater, alleging that they were strictly liable and negligent for the incident.
Contentions
PLAINTIFF'S CONTENTIONS:
Force contended that Burke's dog had two other instances of biting and had been deemed dangerous. She further argued that the city required that insurance be obtained for the dog, and that the dog be muzzled when in a public place. However, the dog was not muzzled, and Burke never warned her of any potential danger from interacting with the dog.
Injuries
Force sustained facial lacerations as a result of the dog bite.
Result
The parties settled for $541,000, of which Edgewater paid $101,000 and Burke the rest.
Other Information
INSURERS: Mid-Century Insurance Co. for Nicole Burke; Chubb Group of Insurance Cos. for Edgewater Networks Inc.
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