Case details

Child: Dog bite caused severe scarring and emotional distress

SUMMARY

$15351

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 16, 2009, at approximately 5:30 p.m., Ron Niko Jamorabon, a 9-year-old child, was attending a family reunion at the backyard of a relative’s residence in Elk Grove when he was suddenly attacked by a dog owned by his uncle, Gene Ballesteros. Ron, through his father, sued Gene Ballesteros, as well as his mother, Adelle Ballesteros, and his wife, Mika Ballesteros. He alleged that the defendants were negligent in the control of the dog. Adelle Ballesteros and Mika Ballesteros were later dismissed for a waiver of cost at trial. Plaintiffs’ counsel contended that Gene Ballesteros was strictly liable and negligent for his failure to isolate the dog after it exhibited aggressive tendencies toward the children at the reunion. Ron’s aunt also testified that Ballesteros admitted to her that the dog didn’t like children prior to the incident. Gene Ballesteros conceded liability., Ron claimed that a chunk of flesh on his upper arm was torn out during the attack and that he suffered deep lacerations to his stomach. Immediately after the incident, he was taken to a nearby urgent care facility, where his dog bite wounds were cleaned. However, physicians assessed that the wounds were too deep and that too much skin was gone, so they offered to refer Ron to a surgeon at Kaiser Permanente and released him that day. Two weeks later, Ron returned to Kaiser, where a physician again offered a referral to a plastic surgeon, though Ron’s father deemed that it would be unnecessary. Six months later, Ron presented to his treating plastic surgery expert, who testified that so much flesh was missing from the main wound, and the scarring was so large, that an expander was necessary to revise the scar. The expert opined that Ron would therefore eventually require two separate operations to treat his . Ron, who was approximately 12 years old at the time of trial, claimed that he was left with permanent scarring and disfigurement at the locations of his wounds, as well as ongoing pain and tingling at the scar locations. He also claimed he suffered severe emotional distress, as he thought he was going to die as a result of the attack, and now has an ongoing fear of dogs. Ron further claimed that he feels embarrassed by the scars. Plaintiffs’ counsel asked the jury to award Ron $194,976 in damages, including $376 in past medical specials, $34,600 in future medical specials, $51,000 in past pain and suffering, and $109,000 in future pain and suffering. The defense’s expert in plastic/reconstructive surgery testified that a simple excision and closure would yield the same result as the surgeries alleged by the plaintiff. Thus, defense counsel asked the jury to award Ron only between $15,000 and $27,500.
COURT
Superior Court of Alameda County, Pleasanton, CA

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