Carrie Russell, Thomas J. German v. Sylvia Lopez, Rodolfo Lopez
Published: Aug. 27, 2005 | Result Date: Jun. 17, 2005 | Filing Date: Jan. 1, 1900 |Case number: CIV438105 Verdict – $19,600
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
William M. Litt
(Office of the Monterey County Counsel)
Defendant
Facts
In March 2003, plaintiff Carrie Russell, a daycare provider, was in front of her house when an unneutered male pitbull broke away from the 12-year-old boy walking it. The pitbull was owned by Russell's neighbors, defendants Sylvia and Rodolfo Lopez. The pitbull attacked and killed plaintiff's 18-pound female American Eskimo dog in the view of Russell, two of her children, and several other children attending her daycare program. Russell's fiance, plaintiff Thomas German, was the co-owner of the dog. He went to defendants' home and threatened to kill their pitbull. Later that day, German allegedlly got into a physical altercation with their 17-year-old son.
Settlement Discussions
The plaintiffs made a demand of $45,000; the defendants' offer was $5,000, which was reduced to $100 on the day of trial.
Damages
The plaintiffs claimed the dog attack hurt Russell's daycare business, including the withdrawal of two children. Russell claimed she could not take new children, because of the time she had to spend counseling the children who had seen the attack. The plaintiffs claimed they still experience sadness over their dog's death, and that some of the children have nightmares about the attack. They claimed their 7-year-old son, who did not see the attack, still asks where the dog went. They claimed $130,000 to $150,000 in damages for the daycare's lost business, $800 in veterinary bills, and $1,000 for the value of the deceased dog. They also sought an unspecified amount for pain and suffering. The defendants denied that Russell lost business and claimed students left for other reasons, such as beginning kindergarten. They claimed German's alleged assault on their son caused family members emotional distress. The defendants' daughter claimed that she still had flashbacks. The plaintiffs denied that the defendants' family suffered any ill after effects. They asserted that the defendants' daughter, who testified earlier, claimed she wasn't even present when the alleged assault occurred.
Result
The jury found in favor of the plaintiffs and awarded them $19,600 in damages ($16,000 lost profits, $800 veterinary bills, $1,000 replacement value of dog, $1,800 emotional distress). They also found plaintiff German not liable on the cross-complaint.
Deliberation
one day
Poll
12-0
Length
three days
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