Case details

Dog bite resulted in child’s facial scars, mother claimed

SUMMARY

$5000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
disfigurement, face, nose, scar
FACTS
On May 21, 2011, plaintiff Noah Gallo, 2, was at a family gathering at the residence of his paternal grandparents, Guillermo and Haydee Arevalo, at their home in Perris. While the party was in the backyard, Noah approached his grandparents’ dog, a Cockapoo, that was nursing puppies, and the dog bit the infant in the face. Noah suffered three puncture wounds that had to be debrided and sutured. Noah’s mother, Elizabeth Pena, acting as her son’s guardian ad litem, sued Haydee Arevalo and Guillermo Arevalo. Pena alleged that the Arevalos were strictly liable for the incident under the state’s dog bite statute. The Arevalos admitted liability, and the matter proceeded to a trial on damages only., Noah sustained dog bite wounds to his face. He was subsequently taken to an emergency room, where three puncture wounds on his face were debrided and sutured. Noah then followed up for checkups and to have the sutures removed. Noah’s mother claimed that her child is now left with some residual scarring on his face. The plaintiff’s plastic surgery expert opined that Noah’s scars make him a potential candidate for a dermabrasion procedure after he turns 18. Pena also claimed that her son suffers emotional distress from the incident, causing Noah to develop a fear of dogs, as well as suffer personality changes and nightmares. Pena waived Noah’s claim for special damages and only sought recovery of $500,000 in general damages. Defense counsel argued that Noah’s healed well and that he was left with minimal scarring. Counsel further argued that the plaintiff lacked proof of any long-term psychological consequences stemming from the incident.
COURT
Superior Court of Riverside County, Riverside, CA

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