Facts

On June 13, 2004, Alfred and Renee Ernst and their four-year-old son Jake attended a party at a public park in Milpitas. Marciano and Barbara Jo Navarro and their pet Labrador also attended the party. The Labrador bit Jake's face, and his parents witnessed the attack.

CONTENTIONS:
The Ernsts sued individually and on behalf of their son for strict liability and intentional infliction of emotional distress.

Settlement Discussions

The Ernsts demanded $200,000 for Jake's past and future medical care and for intentional infliction of emotional distress. The Navarros disputed this demand. After two lengthy sessions organized by Mediation Masters, the case settled for $150,000.

Injuries

The dog bite pierced Jake's upper lip and cheek just below his right eye. Stitches were required. Jake's treating plastic surgeon advised that Jake would likely require revision surgery in the future to improve the scar under his eye. Additional injuries included Jake's parents' emotional pain and suffering, because they observed the dog biting their son.

Result

The $150,000 settlement award included the following provisions: $1,000 for Jake's past medical care; $8,000 for Jake's future medical care; $15,000 for Renee's emotional pain and suffering; $9,931 for Alfred's emotional pain and suffering; and $85,000 for Jake's future emotional pain and suffering, which was used to buy an annuity that will pay more than $140,000 over the course of Jake's life.