Dog Bites Child - Settled for $125,000
Chain was long enough for dog to reach child, bite his groinSettlement $125,000
CASE Doe Minor v. Roe Dog Owner.
COURT Riverside, CA
JUDGE Dallas Holmes
DATE 7/18/2003
PLAINTIFF ATTORNEY Gregory G. Rizio, Rizio & Nelson, Santa Ana, CA
DEFENSE ATTORNEY(S) Lewis,Brisbois. Bisgaard & Smith San Bernardino, CA
FACTS & ALLEGATIONS On Oct. 12. 2000, the plaintiff, 12. was playing football with the defendant and his son in the defendant's front yard. The defendant dog, a German Shepherd, was chained to a tree in the front yard. However, the chain was long enough for the dog to reach the children. Without warning, the dog bit the plaintiff in his groin.
The plaintiff by and through his guardian ad item, his mother, sued the owner of the dog, alleging negligence under the dog bite statute. The defendant admitted negligence but disputed the nature and extent of the plaintiff's injuries.
INJURIES/DAMAGES The plaintiff was taken co Corona Regional Medical Center, where he underwent minor outpatient debribement surgery on a degloved area of the under portion of his penis.
He was released with no complications and had a follow-up appointment to check on the wound's healing. He also claimed that he suffered some shore-term teasing from other children at school. He claimed past medical specials of $10,066 and attorney fees of $31.250. The defendant claimed that the plaintiff's injuries consisted of minor stitches, minor follow-up care, no psychological treatment and no residuals or long term effects.
RESULT The case was settled for $125,000.
DEMAND $150.000
OFFER $70,000
INSURER(S) Farmers Insurance
PLAINTIFF
EXPERT(S) Rick Shepard. M.D.. urology, Corona. CA
EXPERT(S) None reported
EDITOR'S NOTE The anonymity of the parties was respected at the request 0f counsel.
