Case details

Landlord should have known about dog on property: plaintiff

SUMMARY

$75000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
njuries left thumb
FACTS
At around 6:15 p.m. on July 26, 2013, plaintiff Nicholas Alvarez, 12, a student, was walking down Progress Lane, a residential street in Irwindale, when an American bulldog escaped through the front yard fence of a neighboring property. The dog was owned by the neighbors Tiffany Claudio and Santiago Cano, who leased the property from their landlords, Rodolfo Soto and Nellie Soto. The bulldog ultimately attacked Alvarez, allegedly causing of the left thumb. Nicholas, through his guardian ad litem, sued Claudio, Cano, Mr. Soto, and Ms. Soto. Plaintiff’s counsel contended that the Sotos knew or should have known that the tenants’ dog had dangerous propensities. Counsel also contended that the Sotos had actual knowledge of the dangerous and unsafe condition posed by the broken front yard fence, thus allowing the dog to escape. Mr. Soto testified via video deposition that he had no idea that his tenants, Claudio and Cano, owned a dog and that he had never seen the dog on the premises when he visited. He also claimed that he told the tenants that dogs were not allowed on premises. In addition, Mr. Soto claimed that he was in the process of evicting the tenants. The Sotos’ counsel moved for summary judgment regarding landlord liability, asserting that the Sotos had no knowledge of the dog being on the property and that the subject dog had no prior history of biting. Cano and Claudio initially did not respond to the lawsuit or to multiple attempts from plaintiff’s counsel. However, after Mr. Soto gave his deposition, plaintiff’s counsel sent a letter to Claudio and Cano with an image of the landlord, taken from his video deposition, asking whether Mr. Soto’s testimony regarding his knowledge of the subject dog was accurate. Soon thereafter, Claudio and Cano, now homeless, responded, claiming that the testimony of Mr. Soto was untruthful and that Mr. Soto, himself, had seen the dog on the property in the past., Nicholas sustained a dog bite wound to his left thumb, causing the tip to be partially severed. He was immediately taken to an emergency room, where the hospital attempted to reattach it. However, the tip of the thumb turned black and did not take. As a result, Nicholas had to undergo an amputation of the distal phalanx bone of his left thumb during a subsequent surgery. Thus, Nicholas is left without the tip of his thumb, not including the nail bed. Nicholas claimed that he may require a future minor surgery to correct his nail bed. Thus, Nicholas sought recovery of approximately $10,000 in past medical costs and approximately less than $5,000 in future medical costs. He also sought recovery of damages for his past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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