Confidential
Settlement – $92,500Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Steven M. Sepassi
(ADR Services Inc.)
Defendant
Craig A. Humphrey
(Messner Reeves LLP)
Experts
Plaintiff
Peter G. Lee
(medical)
Yury Furman
(medical)
Defendant
Michael P. Falvey
(medical)
Facts
On July 22, 1998, plaintiff, a day laborer, was hired by defendant to trim plants, trees and to perform basic clean-up work in the backyard of defendant's property. The defendant had four dogs that were usually caged but this day they were allowed loose in the backyard. The plaintiff was reassured the dogs would not harm him. The defendant's family occupied the backyard for sometime but then left without locking up the dogs. While plaintiff was working in the backyard, the dogs attacked plaintiff without provocation. The plaintiff could not escape from the backyard but managed to jump over a wall to escape the attacking dogs. Once over the wall, the neighbors called the police and paramedics.
Settlement Discussions
The plaintiff made a demand for $125,000. The defendant made a C.C.P. Section 998 offer of $15,000 which was increased to $50,000 prior to mediation.
Injuries
Plaintiff suffered multiple dog bite wounds in his body with bites to both forearms, and is left with multiple permanent scars on both arms. Plaintiff also suffered emotional injuries that included fear of dogs and continuing nightmares related to the incident.
Other Information
A court ordered mediation was held on Aug. 20, 1999, before Carolyn Beaver of Arbitration and Mediation Services, resulted in the reported settlement. The settlement was reached approximately 10 months after the case was filed.
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