Case details

Failure to keep dog on leash resulted in attack, plaintiffs claimed

SUMMARY

$57500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
bruising scalp, dog bite, emotional distress, head puncturing, neck, upper arm
FACTS
On May 21, 2013, plaintiff Dylan Ward, a 5-year-old child, was bitten by an off-the-leash dog on the Rio Del Mar State Beach. The dog ran up to Dylan and grabbed him by the head. The attack was witnessed by his 6-year-old brother, plaintiff Bradan Ward, who was standing nearby. Dylan sustained dog bite and Bradan claimed he was psychologically traumatized by the incident. Bina Mirchandani, acting on behalf of her minor sons, sued the Santa Cruz County Animal Services Authority and Yolanda Rosebraugh. Plaintiffs’ counsel contended that the 50-pound male boxer-Australian Shepard mix was the responsibility of the Santa Cruz County Animal Services Authority, who had placed the dog, “Rocco,” under the foster care of a Watsonville resident, Rosebraugh. Counsel also contended that Rosebraugh had signed an agreement that stated that she would not allow Rocco to run off-the-leash while not confined in her own yard. Thus, plaintiffs’ counsel asserted that the defendants were negligent pursuant to the strict liability provisions of California’s dog bite statute. Counsel noted that while not material under the strict liability provisions of the pertinent statute imposing liability, Rocco had previously bitten a child about a month earlier, before being placed in foster care. Counsel also noted that the lawsuit was filed after Mirchandani rejected a settlement offer of $28,067 for Dylan and $500 for Bradan., The initial attack to Dylan’s head resulted in the puncturing and bruising of his scalp. He was also bitten on the neck and upper arm. He was subsequently taken to a nearby hospital, where he was treated for his wounds. Dylan’s wounds ultimately 12 staples to close and took a year to heal. Plaintiffs’ counsel contended that Dylan made a good recovery from his physical . However, counsel contended that both Dylan and Bradan suffered extreme emotional distress as a result of the attack. Defense counsel noted that there is a dog in Dylan and Bradan’s family home and asserted that both Dylan and his brother appear to have recovered from the psychological dimension of their alleged trauma. Counsel also noted that Dylan was again bitten on the face on June 7, 2013, this time by a friend’s off-leash dog, also at Rio Del Mar State Beach. However, no claim was made as a result of that incident. Rocco was euthanized shortly after the incident.
COURT
Superior Court of Santa Cruz County, Santa Cruz, CA

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