Case details

Dog’s vicious propensities should have been known: plaintiff

SUMMARY

$35000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
disfigurement, leg, leg back, neurological, neurological impairment, scar
FACTS
She contended that Robledo, Chaidez and Nesta must have known about the vicious propensity of the pit bull, which was one of three owned by Robledo, because it lived on the property, and would bark, jump against the fence, and climb on top of their dog house and bark for no reason. The plaintiff’s animal behavior specialist opined that it was obvious the pit bull had a vicious propensity. Thus, plaintiff’s counsel asked the jury to assign 50 to 80 percent liability against Chaidez and Nesta. Counsel for Chaidez and Nesta noted that in the triplex, Chaidez and Nesta lived in the first unit, Robledo (who was a cousin) and his wife lived in the second unit, and Chaidez and Nesta’s parents lived in the third unit. Counsel contended that Robledo was not supposed to have the three pit bulls on the property and that Chaidez and Nesta asked him to remove them, but allowed him time to do so. Counsel also contended that the pit bulls never bit or attacked anyone, even though they did bark, jump against the fence, and get on top of their dog house and bark. Thus, counsel for Chaidez and Nesta argued that there was no way to know of any vicious propensities. Robledo was uninsured. As a result, he had no counsel and did not appear at trial., The trial was bifurcated, so damages were not before the court. Rosa was bitten on her buttocks and on the back of her legs. Police and paramedics arrived at the scene, and Rosa was taken to an emergency room. She claimed orthopedic issues with her back and neurological damage to her legs as a result of the bite marks. She also claimed she had pain down her left leg, making it difficult for her to walk. Rosa subsequently underwent physical therapy for her back and legs. Rosa claimed that she developed post-traumatic stress disorder as a result of the attack. She subsequently treated her condition for five months and then stopped treatment. Thus, Rosa sought recovery of medical expenses and damages for her pain and suffering. Counsel for Chaidez and Nesta disputed all of Rosa’s alleged residual . Counsel contended that neurological testing showed that the alleged nerve damage was to Rosa’s kneecap, which Rosa hit on a vehicle during the incident.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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