Case details

Landlord claimed no knowledge of dog’s dangerous propensity

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
decreased range of motion, finger, fracture, hand, infection, pins, rods, screws
FACTS
On June 24, 2013, plaintiff Kurt Schuster, 48, a pest-control technician, found that a neighborhood dog had entered the yard of his home in Vista. He walked the dog to its owner’s house and put it back in the gated fence. As he was doing so, he alleged, the dog bit him on the index finger of his right hand, causing a fracture. He sued Dakota Drake, Deborah Drake, and Dennis Legler. He alleged that Dakota Drake was the owner of the dog. Dakota Drake’s mother, Deborah Drake, rented her property from her landlord, Dennis Legler. Dakota Drake could not be located. Deborah Drake settled out of the case. The case continued against Legler. Legler denied liability, stating he was not the owner of the dog and had no notice of any dangerous propensity of the animal., Schuster went home and tried to clean the wound. He had suffered a fracture to the first joint of the index finger of his right (dominant) hand.He did not seek medical treatment until July 16, 2013. By then, the wound was infected to the point where it impacted the bone. On Sept. 26, 2013, he had surgery to clear the infection. On Feb. 18, 2014, he had a joint fusion surgery, in which a screw was placed in the finger joint to secure it. Schuster claimed he suffers from residual pain and that his index finger does not bend. He also claimed his grip strength is not the same in his right hand. He did not work from July 16, 2013, until Nov. 23, 2013, and again from Feb. 16, 2014, to May 2014. According to Schuster, all of his daily activities have been impacted, including not being able to garden or fish, and he has to do housekeeping with his left hand. He claimed he had to readjust to learn how to do everything, including showering. His past medical costs totaled $25,157.99. Plaintiff’s expert testified that the cost of future surgery to remove the screw would range from $8,000 to $20,000 and he would recommend Schuster also have post-operative therapy and acupuncture. Schuster’s claimed medical costs, past and future, totaled upward of $45,157. He sought $120,000 for past pain and suffering. He calculated future pain and suffering at $300,000, ($10,000 per year for a life expectancy of 30 years). Thus, total pain and suffering damages sought was $420,000. Schuster testified at trial that in 2012 his income as an employee at a pest control company was $68,000, and his income in 2013 had been reduced to $30,000. He claimed that he has had to take a position in his company of sales manager, because his reduced grip strength and limitations with his finger prevent him from performing the duties of a field technician. In closing argument, plaintiff’s counsel argued a loss of income of $45,000 for the first year and $30,000 per year for the next 15 years ($450,000), when Schuster would retire, for a total lost income of $495,000.
COURT
Superior Court of San Diego County, San Diego, CA

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