Case details

Defense claimed landlord was unaware of dog’s propensities

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, nerve damage, neurological, neuropathy, psychological
FACTS
On Sept. 16, 2016, plaintiff Maria Corral, a retired woman in her 70s, and her husband, plaintiff Miguel Corral, a retired man in his 70s, were gardening in front of their house, in Los Angeles, when a pit bull escaped from a neighboring house, knocked Ms. Corral into a wall of the house. It then ran past her, bit Mr. Corral on his hand and dragged his hand with the bite. Mr. Corral sustained to a hand, while his wife claimed emotional distress. The Corrals sued the believed owners of the house where the dog lived, Sharon Jones and John Jones; the renter of the Joneses’ house and the believed owner of the dog, Debra Diaz; and the other believed owner of the dog, Jorge Estrada. The Corrals alleged that Diaz and Estrada failed to control the dog and that the Joneses were liable for the incident. The matter ultimately continued against Ms. Jones, who was determined to be the correct owner of the house, and the other defendants either defaulted or were voluntarily dismissed. Plaintiffs’ counsel contended that Ms. Jones was negligent for failing to control the dog and that as the landlord, Ms. Jones, knew or should have known about the dog’s vicious propensities. Ms. Jones’ counsel contended that Ms. Jones did not know the dog had any vicious propensities., Mr. Corral sustained bite marks on his hand in the form of puncture wounds, lacerations and bruising. He also claimed he suffered nerve damage and bursitis to his elbow. Mr. Corral was taken to a hospital, where a wound vac was applied. He also received 16 stitches and underwent numerous drainage procedures. Mr. Corral claimed that, in addition to his physical , he suffers from emotional distress as a result of the incident and that he has relapses of the incident. He also claimed that he has continuing irritation to his elbow and that he has problems with sensation and movement. He alleged that as a result, he might require future treatment on his elbow. Mr. Corral sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Ms. Corral claimed that she suffers from emotional distress as a result of the incident and that she also has relapses about the incident. However, she only saw her general physician once or twice after the incident. Ms. Corral sought recovery of damages for her past and future emotional pain and suffering. She also sought recovery of damages for her alleged loss of consortium. Plaintiffs’ counsel asked the jury to award $1.65 million for the Corrals’ total damages, but noted that the majority of damages should be awarded for Mr. Corral’s elbow injury.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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