On March 26, 2017, plaintiff Shannon Kelly, 35, a realtor, was at the home of Gregory Ford and his wife, Antonia Maita, in Walnut Creek, when Maita let their rescue dog out of the crate. The animal immediately jumped up and bit Kelly on the lip and cheek. Kelly sued Maita, as the dog’s owner and named insured on the homeowner’s and umbrella policies, and Ford, as a joint owner of the dog, homeowner, and holder of the homeowner’s and umbrella policies. Kelly alleged that Maita and Ford were strictly liable, under Civil Code § 3342(a), for failing to control the dog. She claimed that Maita should have warned of and/or kept control of the dog, instead of letting it out without warning. She further claimed that Maita and Ford were liable for the dog’s dangerous condition, as there was a prior history of the dog being mistreated by its prior owners., Kelly sustained dog bite marks to her cheek and lip, resulting in an avulsion wound to approximately one-third of her lower right lip. She was rushed to a hospital, where she underwent emergency reconstructive surgery, including primary closure, an adjacent tissue transfer, and W-plasty, a scar revision technique. Several months later, Kelly underwent revision surgery, which included an incision of the scar contracture, a lower lip reconstruction with tissue rearrangement, and fat grafting from her abdomen to the lip. Following this surgery, she underwent several sessions of laser therapy. While the procedures helped to restore the shape and appearance of Kelly’s lip, she claimed that she was left with permanent scarring and loss of volume to her lower lip. No future medical treatment was indicated. Kelly claimed she was unable to work at full capacity for several months. She alleged that as a result, suffered a loss of wages in the range of $100,000. Kelly sought recovery of $59,948.60 in past medical expenses, $100,000 in past loss of wages, and damages for her pain and suffering. Defense counsel argued that Kelly’s were not that bad and that her condition would improve over time. Counsel also argued that Kelly’s wage loss was speculative. The defense’s plastic surgery expert would have testified that Kelly’s scars would get better over time and that Kelly could consider a lip tissue transfer procedure.