Case details

Mailman claimed dog attack caused ulnar nerve injury

SUMMARY

$62708.97

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cubital tunnel syndrome, elbow, nerve, neurological
FACTS
On May 31, 2014, plaintiff Matthew Dahlquist, 32, a mailman, was at the door of Victor Martinez’s home, in Riverside, delivering mail, when he was involved in an incident with Martinez’s German Shepherd. Dahlquist claimed an injury to an elbow. Dahlquist sued Martinez, alleging that Martinez was strictly liable for his dog’s actions. Dahlquist claimed that Martinez’s dog grabbed and pulled his left hand, and that it bit both of his hands. He also claimed the attack lasted between 30 and 45 seconds. Martinez maintained the altercation was shorter than 30 to 45 seconds. According to Martinez, the dog just grabbed the mail from Dahlquist’s hand and never actually bit him. The defense called as a witness the doctor who treated Dahlquist shortly after the incident. The doctor testified that Dahlquist did not have any puncture wounds to his hands., After the incident with the dog, Dahlquist presented to a workers’ compensation health care center later that day. He was treated and released. Dahlquist eventually underwent a nerve conduction study that showed a stretch injury to the ulnar nerve in his left elbow. He was specifically diagnosed with cubital tunnel syndrome. Dahlquist began treating at a Kaiser facility, and on Feb. 27, 2015, he underwent an ulnar nerve release surgery. He then had a follow-up appointment two months later. Dahlquist claimed he aggravated the injury when he dropped a heavy package onto his left arm in November 2017. He then began regular treatment with his workers’ compensation doctor that continued through the time of the trial. Dahlquist missed 1.5 weeks of work right after the accident and another 21 days of work after the ulnar nerve release surgery. He was then taken off the job for six months following the alleged 2017 aggravation. The plaintiff’s retained doctor, an expert orthopedic surgeon, recommended Dahlquist for cubital tunnel revision surgery, but Dahlquist had not undergone the procedure by the time of trial. Dahlquist had some problems with his elbow prior to the nerve release, but he claimed the 2015 surgery had greatly improved his condition. However, he claimed that after the aggravation, he was left with pain, numbness, tingling and weakness in his left elbow. He alleged that he now has trouble holding objects and playing with this kids. Dahlquist sought recovery of $15,473.13 in past medical expenses; $27,500 in future medical expenses, which represented the cost of the cubital tunnel revision surgery; and $21,899.59 in past lost earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel maintained that the dog incident was minor and could not have caused Dahlquist’s alleged injury. Defense counsel also called to testify the surgeon who performed the nerve release procedure. She could not relate the injury to the subject incident, and stated that ulnar nerve stretching typically does not result from trauma. The defense’s expert hand surgeon looked at the nerve conduction study, which was performed a month after the alleged attack, and testified that ulnar nerve stretch do not show up on those studies until three to six months after they occur. As a result, the expert opined that the dog incident could not have caused the injury. The expert also opined that if Dahlquist had suffered a stretching injury to his ulnar nerve on the date in question, he would have immediately felt pain in his elbow. However, per the defense, Dahlquist did not have any symptoms on the day of the incident. In addition, defense counsel noted that Dahlquist had previously complained of radiating pain down his left arm following a work injury to his neck.
COURT
Superior Court of Riverside County, Palm Springs, CA

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