Case details

Defense claimed plaintiff’s dog not on leash prior to encounter

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
damage, decreased range of motion, loss, muscle
FACTS
In 2016, plaintiff Farahnaz Shaham, a dental hygienist in her 30s, was leaving her back yard in Beverly Hills when her dog walked out behind her without a leash. At the same time, a dog owned by Judith Douglas got loose from a leash held by Douglas’ housekeeper and approached Shaham and her dog. Shaham became frightened as the dogs circled her. As a result, she jumped and sustained to her right calf. Shaham sued Douglas. Shaham alleged that Douglas was strictly liable for her dog’s actions and was negligent for failing to control her dog. Defense counsel contended that Shaham was contributorily at fault for having her own dog loose, with no leash, in violation of the Beverly Hills Municipal Code., Shaham tore the gastrocnemius tendon in her right calf as a result of jumping. She was immediately taken to a hospital, where she was treated and released. Shaham claimed that after the incident, she was no longer able to operate the dental machinery at her job as well as she used to, as she had trouble pushing down on the foot pedals due to her leg injury. The plaintiff’s expert neurologist opined that Shaham will eventually require surgery to repair the tendon. Shaham sought recovery for her past and future medical costs, past and future loss of earnings, and past and future pain and suffering. The defense’s expert orthopedic surgeon opined that Shaham’s tendon tear would heal on its own over time and that no future surgery would be required.
COURT
Superior Court of Los Angeles County, Torrance, CA

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