Child bitten on nose while trying to hug Irish setter - Settled for $101,000
Child bitten on nose while trying to hug Irish setterSETTLEMENT $101,000
CASE Jordan Burke, by and through her Guardian, Karen Sage v. Jean McGowan, No. RIC389824
COURT Superior Court of Riverside County, Riverside, CA
JUDGE Gary Transbarger
DATE 1/9/2004
PLAINTIFF
EXPERT(S) Gregory G. Rizio, Rizio & Nelson, Santa Ana, CA
DEFENSE
AlTORNEY(S) Carol L. Gatz, William C. Cole & Associates, Orange, CA
FACTS & ALLEGATIONS
On Aug. 5, 2002, plaintiff Jordan Burke, 7, was taken to Jean McGowan's home by her mother, Karen Sage, who was feeding McGowan's Irish setter while McGovern was on vacation. While the dog was lying on the couch, Burke walked up to it to give it a hug. it then bit her on her face. Burke, by and through her guardian ad litem, sued McGowan, alleging negligence pursuant to the dog bite statute.
The defence claimed that it could not settle the case until it had sufficient time to assess the how Burke's resulting scar would heal. Therefore, it did not put forth any arguments as to liability or damages.
INJURIES/DAMAGES partial avulsion, nose
Burke suffered a nasal tip avulsion and was taken to surgery at Loma Linda University.
One year after the dog bite, plaintiff's counsel sent Burke to plastic surgeon Thomas Zirkle, who opined that the wound was fully healed but that the scar would potentially need a revision when Burke turned 16.
RESULT The case was settled for $101,000 (policy limit)at a mandatory settlement conference with Judge Charles Field.
INSURER(S) Allstate Insurance Co.
PLAINTIFF
ATTORNEY(S) Thomas J. Zirkle, M.D., plastic surgery /reconstructive surgery, Loma Linda, CA
