Case details

Dog bite incident resulted in knee injuries, plaintiff claimed

SUMMARY

$107565

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
knee, left leg, medial meniscus, tear
FACTS
On Nov. 13, 2010, plaintiff Susan Turner, 43, a United States Postal Service letter carrier, was on the sidewalk in front of the house of Kevin and Jennifer Davis in Manhattan Beach when she was bitten by a 50-pound, rescued, mixed breed pit bull/Jack Russell Terrier. Turner, who was wearing shorts, was bitten once on the upper portion of her left calf before the family dog ran back into the Davis home. Turner then fell down onto her hands and left knee before standing up again. She claimed the incident caused to her left leg and knee. Turner sued Kevin and Jennifer Davis. Turner alleged the defendants were liable for their dog’s actions under the California dog bite statue. Mr. and Mrs. Davis admitted liability., Turner sustained three lacerations on her left calf, where she was bitten. She was subsequently taken by her employer to an urgent care clinic, where the dog bite wounds were cleaned and she received 14 stitches. Turner then followed up with her primary care physician, who provided antibiotics for a period while dealing with a wound infection. However, she ultimately claimed she suffered a meniscal tear in her left knee as a result of falling on her knee after being bitten. Approximately one month after the attack, on Dec. 18, 2010, an attorney-referred orthopedist performed an MRI on Turner’s left knee, revealing no meniscal or ligament damage. On Feb. 3, 2011, another orthopedist, who was recommended as part of the plaintiff’s workers’ compensation claim, opined that Turner’s lacerations had healed and that Turner was authorized to return to her duties as a letter carrier. As a result, Turner returned to work on light duty and, over time, was able to return to her full letter-carrying duties. However, she claimed she could only return to full duty with the help of other letter carriers, who took part of her route. She also claimed her left leg never felt good. As a result, she started seeing a third orthopedic surgeon, the plaintiff’s orthopedic expert, who was part of the plaintiff’s HMO medical group, on Jan. 25, 2011. On Feb. 19, 2013, a second MRI was performed on Turner’s left knee, revealing a tear of the medial meniscus. The plaintiff’s expert orthopedic surgeon testified that Turner’s severe arthritis and meniscal damage were all new and attributable to the dog bite incident. On May 13, 2013, Lorman performed an arthroscopic meniscectomy of Turner’s left knee. However, Turner claimed that she never fully recovered from the surgery and that she now walks in a labored manner. Thus, the plaintiff’s orthopedic expert opined that Turner was already a candidate for knee replacement surgery. However, when the expert refused to testify about whether an artificial knee was likely to wear out and require replacement two more times over the course of Turner’s remaining 35 years of life, Turner’s original life-care-plan allegation could not be supported, so the plaintiff’s life care planning expert was not called to testify. Defense counsel argued that Turner’s knee injury was unrelated to the incident and that the jury should only award Turner $19,000 for the dog bite . The defense’s orthopedic surgery expert opined that Turner’s need for the arthroscopic meniscectomy was not caused by the dog bite incident because the MRI taken one month after the incident showed the meniscus was intact. The expert testified that Turner had severe arthritis in her left knee that had taken 15 to 20 years to develop and that was not affected by her fall to the ground at the time of the dog bite. This was supported by the testimony of Mr. and Mrs. Davis, who claimed that Turner had always limped when they had seen her delivering mail prior to the date of the incident. Thus, the defense’s expert testified that the meniscectomy was never calculated to improve Turner’s symptoms because Turner’s pain was caused by her unrelated osteoarthritis. However, the defense expert agreed that in light of Turner’s continuing, unrelated, arthritic left knee pain, she would benefit from a knee replacement.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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