Case details

Lawsuit: Dog owners strictly liable for plaintiff’s finger injuries

SUMMARY

$250000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
comminuted fracture, dislocation, finger, fracture, hand, phalanx, scar tissue
FACTS
On Jan. 13, 2017, plaintiff Sherif Shokralla, 59, an informational technology specialist, was walking his dog, a small pug, on Redbluff Drive, in Calabasas, when he came across a dog walker who was attempting to walk two larger dogs, including a pit bull. As Shokralla approached the larger dogs, he asked the dog walker, who was struggling to get the pit bull on its leash, if the dogs were friendly. The dog walker replied that they were not. The unleashed pit bull then grabbed Shokralla’s pug by the neck. Shokralla tried to punch the pit bull to try to get it off his dog, causing the pit bull to attack Shokralla and injure his hands. Shokralla sued the pit bull’s owner, Nicholas Varvatsoulis, and the owner of Varvatsoulis’ home, Sujit Silla. The lawsuit was later amended to include Varvatsoulis’s wife, Odessa Rodriguez, who was believed to be the co-owner of the pit bull. Shokralla alleged that Varvatsoulis and Rodriguez were strictly liable for the attack under the terms of California’s Dog Bite Statute and that Silla was vicariously liable. Silla settled his case prior to trial, and the matter proceeded to a bench trial. Plaintiff’s counsel maintained that the dog walker warned Shokralla about the large dogs’ unfriendliness at around the same time the pit bull attacked. Counsel argued that as a result, Shokralla did not have time to escape or avoid the incident. Rodriguez did not show up at the bench trial. Varvatsoulis, who appeared in pro per, maintained that Shokralla was at fault for the attack. He claimed that Shokralla should not have approached the larger dogs and that Shokralla should have walked away once the dog walker told him that the animals were not friendly. Varvatsoulis also claimed that Shokralla put his hands into the pit bull’s mouth during the attack, which Shokralla denied., Shokralla sustained a slightly displaced oblique fracture of his right, dominant hand’s third finger. The fracture involved the distal phalanx, which is the bone nearest the finger’s tip. He also had a comminuted fracture of the base of the left hand’s third, middle phalanx. There was also a suggestion of a dislocation of the third, proximal interphalangeal joint, which is situated at the middle of the finger. He was initially diagnosed with a fracture and dislocation of the left ring finger’s proximal interphalangeal joint, but doctors later determined that Shokralla had a fracture of the left ring finger’s middle phalanx. An ambulance came to the scene and wrapped Shokralla’s finger to stop the bleeding. He then went home from the scene. Later that evening, his daughter took him to an urgent care center, where doctors told him that he needed to go to an emergency room. Shokralla’s daughter then drove him to West Hills Hospital & Medical Center, where Shokralla was referred to a hand specialist. Shokralla met with the hand specialist on Jan. 16, 2017 and returned to the hospital for surgery on the left hand the following day. The procedure included an irrigation and debridement along with percutaneous pinning of the third and fourth fingers on his left hand. After the surgery, Shokralla remained in the hospital until he was discharged on Jan. 19, 2017. He then returned for a follow-up visit on Jan. 25, 2017, during which he received a splint for his left hand. Shokralla had another follow-up appointment on Feb. 1, 2017 and the pins were removed from his hand two weeks later. He then underwent 21 sessions of physical therapy between February and June of 2017. As Shokralla’s left, middle finger healed, the buildup of scar tissue made it hard for him to bend that finger properly. As a result, he underwent another surgery to shave off some of the scar tissue on July 21, 2017. Shokralla then underwent another three sessions of physical therapy. Shokralla’s right finger injury was less severe and simply required a temporary stax splint. Shokralla missed approximately two weeks of work following the attack. He stated that he is left with a weakened grip and that he can no longer make a complete fist with his left hand. He also claimed that his make it hard for him to open jars, carry groceries, and type at work. He further claimed that it is more difficult for him to wash dishes or perform other chores that require dexterity and that when he travels on airplanes, he needs someone to help him put his luggage in the overhead compartment. In addition, Shokralla claimed that he is afraid to pick up his young granddaughter and that he can no longer wear his wedding band. Shokralla sought recovery of $325,000, including $49,652.41 in past medical expenses, $8,000 in past lost earnings, and $267,347.59 in damages for his past and future pain and suffering. Varvatsoulis did not dispute Shokralla’s damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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