Case details
Dog attack resulted in bite, scratches and back injuries: plaintiff
SUMMARY
$44152
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, disfigurement, face, herniated disc, lower back, nose, scar
FACTS
On Sept. 17, 2013, plaintiff Michele Martinez, 62, a drug and alcohol counselor, was jogging with her pet poodle, “Charlie,” in her neighborhood in Victorville. As she passed Laurinda Alves’ home, Alves’ pit bull, “Rocko,” attempted to attack Charlie. Martinez was knocked to the ground several times and bitten on her right, upper thigh. Martinez claimed to her neck, back, face, hips, knees and ankles. Martinez sued Alves, alleging that Alves was negligent pursuant to the strict liability provisions of California’s dog bite statute. Alves admitted liability., Martinez sustained a bite mark to her right, upper thigh, as well as sustained multiple facial scratches. She also claimed she sustained multiple to her tailbone, lower back, hips, knees and ankles. In addition, she claimed that she suffered herniated lumbar discs at the L3-4 and L4-5 levels as a result of the attack. Martinez was subsequently taken by her son to an emergency room within an hour of the incident. Martinez claimed that she was left with scarring as a result of the bite mark and facial scratches. She also claimed that she requires additional medical care, including yearly epidural injections for treatment of her lower back . Thus, Martinez sought recovery of $23,152 in past medical expenses, between $68,200 and $84,500 in future medical expenses, and an unspecified amount of damages for her past and future pain and suffering. At trial, plaintiff’s counsel asked the jury to award Martinez $1.2 million in total damages. Defense counsel argued that the only injury that Martinez actually suffered as a result of the attack was the bite on her thigh.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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