Case details

Defense claimed plaintiff did not have CRPS from dog bite

SUMMARY

$160000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
disfigurement, leg, nerve, neurological, reflex sympathetic, scar
FACTS
On Aug. 11, 2014, plaintiff Elizabeth Pino, 56, a retiree, was returning a plate to her neighbors, Ray Marchese and Christine Marchese, who lived across the street, in Orangevale. While Pino was in the Marcheses’ backyard, she was attacked by their dog. Pino claimed her left leg was either bitten or grazed by the dog’s teeth. Pino sued Mr. and Ms. Marchese, alleging the Marcheses were strictly liable for failing to control their dog. The Marcheses conceded liability., Pino sustained lacerations to her left leg’s calf. She alleged the laceration was either a bite mark or from the dog’s teeth grazing her calf. Pino claimed it became infected, which resulted in cellulitis. Pino went to a hospital immediately after the incident, and was treated and released. However, she claimed her foot became swollen and she began to suffer nerve pain with numbness, tingling, and weakness in her left leg at the location of laceration. She alleged that her injury developed into complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. Pino claimed she is left with permanent scarring on her left leg and that her gait was impacted. She also claimed that she now has a burning sensation in her calf muscle and feet and that she cannot walk as far as she once did. She further claimed that her ability to play with her grandchildren and sleep has been affected, as well. The plaintiff’s pain management expert, who specialized in CRPS, presented a future care plan for pain management and unspecified medical treatment. The plaintiff’s expert life care planner testified to the estimate cost of future treatment based on the plan developed by the pain management expert. The plaintiff waived her claim for past economic damages, and sought recover of future medical costs and damages for her past and future pain and suffering. The defense’s neurology expert opined that Pino did not have CRPS.
COURT
Superior Court of Sacramento County, Sacramento, CA

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