On Dec. 15, 2016, plaintiff Jennefer Jones, 57, a golf instructor, was walking in a residential neighborhood in Laguna Niguel. As she was walking past Matthew Epstein, who was walking his dog, Epstein’s dog jumped up and knocked Jones to the ground. Jones claimed to an arm and elbow. Jones sued Epstein, alleging that Epstein was strictly liable for his dog’s actions and that Epstein failed to control his dog. Jones claimed Epstein’s dog lunged at her and bit her on the arm. She also claimed that Epstein’s dog dragged her to the ground. Epstein admitted that his dog jumped toward Jones, but he denied that his dog bit her., Jones claimed she was bit on her right, dominant arm and dragged to the ground. She also claimed that the fall caused her to suffer radial tunnel syndrome and lateral epicondylitis (tennis elbow) to her right, dominant elbow. Jones was taken to a hospital, where she was treated and released. She then underwent conservative treatment, which consisted of physical therapy and injections. However, she claimed her treatment failed to resolve her complaints. Jones was able to work after the incident, but she claimed she continued to have pain and difficulty performing her job as a golf instructor. The plaintiff’s expert orthopedic surgeon recommended that Jones undergo future surgery to treat both the radial tunnel syndrome and the lateral epicondylitis. Jones sought recovery of $46,000 in past medical costs, $37,250 in future medical costs, $400,000 in damages for her past pain and suffering, and $800,000 in damages for her future pain and suffering. Defense counsel argued that Epstein did not see his dog bite Jones, but, rather, the dog’s claw punctured Jones’ arm when it jumped up on her. Counsel further argued that Jones’ alleged residual were not caused by a dog bite, but, instead, were caused by the continual and repetitious movements of her career and lifetime of playing and teaching golf, as was evidenced by the presence of an old traction spur on the later epicondyle of the right elbow on the X-trays taken in the emergency room.
