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.
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