Case details

Caretaker was told to keep dog in other room, defense asserted

SUMMARY

$125000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
bulging disc, cervical, fusion, neck
FACTS
On Aug. 8, 2014, plaintiff Sandra Morales, 52, an in-home health care provider for David Gross, was at Gross’ residence when a dog at the home bumped her, causing her to fall down. Morales claimed to her neck. Morales sued Gross, as owner of the house, and Catherine Philip-Salas (sued as “Casey Philip-Salas”), who also lived at the house and helped with Gross’ care. Morales alleged that the defendants were negligent for failing to properly control the dog or keep it restrained. She also alleged that the dog belonged to Philip-Salas’ sister, who was in the military, and that Gross and Philip-Salas were caring for the animal at the time of the incident. Defense counsel contended that Morales was told to keep the dog contained in a room while she was working at the house, but that Morales refused to keep the dog contained because she felt she could handle the animal and did not want it to be locked up. Counsel asserted that Morales was negligent because it was her decision to have the dog loose in the house with her., Morales claimed she sustained two bulging cervical discs, causing radiating pain to her neck, left arm and back. She continued to work for a three months after the alleged fall before her neck were diagnosed. She ultimately underwent two cervical fusions, with the first surgery being performed in November 2014 and the second being performed in July 2016. Morales claimed that she now has limited mobility because of the pain to her neck, left arm, and back. She alleged that as a result, she is no longer able to work. Morales sought recovery of medical costs, lost wages, and damages for her past and future pain and suffering. Defense counsel noted that Morales worked for a full three months after the alleged fall and that Morales’ bulging discs were diagnosed much later after the accident. Counsel also contended that Morales had pre-existing conditions that contributed to her need for the fusion surgeries.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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