Confidential
Settlement – $302,500Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Daniel Mills
(medical)
Gina Weiss
(technical)
Defendant
David D. Driscoll
(technical)
Facts
The minor plaintiffÆs guardian ad litem worked at a motel owned and operated by the plaintiffÆs grandmother. A
room was rented to defendant guest campers and their Akita dog.
On Aug. 1, 1999, the defendantsÆ Akita was on a leash outside their motel unit and they allowed other children
visitors to pet and play with the dog.
On this Sunday morning at around 11:00 a.m., The guardianÆs daughter, the 7-year-old plaintiff, went to the
place where the dog was leashed to pet the dog. The Akita bit the girl, inflicting several severe facial and head
wounds requiring over 100 stitches.
She also suffered residual scars on her face, forehead and head. The girlÆs 10-year-old
brother and grandmother witnessed the attack while the plaintiffÆs mother ran to try to rescue her
daughter. The dog then turned on the mother, biting her on the hands and legs.
Settlement Discussions
The plaintiff demanded the $300,000 policy limits, plus $2,500 from the CGL policy of the grandmother. The defendants offered $150,00, but the case eventually settled for $302,500. According to the defendant, the plaintiffs wanted to split the proceeds $200,000 to the minor plaintiff, $60,000 to the mother ($700 medicals), $30,000 to the grandmother and $10,000 to brother. The defense counsel appeared at the minorÆs compromise hearing and asked the court to remove the plaintiffÆs mother as guardian unless the minor received at least 80 percent of settlement, to which court agreed. The minor plaintiff got $240,000, the mother got $40,000 and the grandmother and the brother $10,000 each.
Specials in Evidence
$6,000 $25,000
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