Case details

Dog walker claimed continued pain from bites after attack

SUMMARY

$6400

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, carpal tunnel syndrome, emotional distress, mental, psychological, wrist
FACTS
On July 6, 2010, plaintiff Carrolisa Brugman, a dog walker/sitter in her 50s, went to the home of Carla Higbee in Long Beach to tend to Brugman’s one-year-old Alaskan Malamute. Brugman had previously tended to Higbee’s two other dogs, which had passed away, but the date in question was Brugman’s first contact with the Malamute. Since no one was home except for the dog, Brugman opened the door to Higbee’s house, causing the dog to run into the front yard. However, when she attempted to go inside to retrieve the leash, the Malamute blocked her from the door and then bit both of her arms before she was able to push the dog back inside. Brugman sued Higbee. She alleged that the defendants was strictly liable for the incident under the dog bite statute. Brugman claimed that she had a contract with her clients, including Higbee, which stated that if she was injured by a dog, the owner must cover her medical bills. Thus, she claimed that Higbee, as the owner of the Malamute, was liable for the incident and responsible for her damages. Higbee contended that as a professional dog walker/sitter, Brugman assumed the risk of handling dogs and being bitten. Defense counsel contended that Brugman had been bitten before and that the contract did not cover the incident in question, since it only applied to Higbee’s prior dogs., Brugman left the scene after the attack and was then taken by ambulance to an emergency room. She sustained multiple puncture wounds/lacerations to both arms and the right side of her chest as a result of the dog bites. The wounds were subsequently sutured and Brugman spent two nights in the hospital, where her arms were X-rayed. She then followed up with an orthopedist at Kaiser for further treatment through April 2011. Brugman claimed she experienced ongoing pain in her arms, radiating to her hands, causing her to seeking treatment from a neurologist in April/May 2011 for possible nerve damage and undergo a nerve conduction study. She also treated with a psychologist for emotional distress and anxiety, as Brugman claimed she is now fearful of dog attacks. She further treated with an orthopedist in April 2012, who diagnosed her with bilateral carpal tunnel syndrome. The plaintiff’s physicians advised her that she may need right wrist surgery at a cost of $25,000. Brugman additionally sought $35,000 in damages for her past medical costs, $18,000 in damages for her lost earnings, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel contended that Brugman did not suffer any emotional distress associated with a fear of dogs, since the plaintiff went back to work walking dogs a couple of months after the incident. Counsel also contended that the plaintiff’s resolved within months and that Kaiser doctors could not find a reason for Brugman’s continued complaints. The defense’s expert neurologist testified that any treatment beyond the initial emergency room visit and a few follow-ups were unnecessary.
COURT
Superior Court of Los Angeles County, San Pedro, CA

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