Case details

Neighborhood dogs attacked her, plaintiff claimed

SUMMARY

$205296

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
fractured lower right canine tooth, post-traumatic stress disorder, PTSD
FACTS
On Jan. 31, 2013, plaintiff Kathy Rose, 64, walking in her neighborhood. As she passed the house of Ronald Robinson, on Gay Road in Wilton, two of Robinson’s larger, cream-colored dogs, Alaskan Malamutes, came running out from behind the house, crossed the road, and attacked Rose. The dogs — one of which weighted between 100- and 120-pounds, and the other which weighed between 60- and 80-pounds — jumped up on Rose and knocked her down, causing her to roll into a drainage ditch. The dogs then proceeded to bite her above the left breast and on her lower back area as she struggled to get the dogs off of her body. A neighbor, who lives directly across the street from Robinson, saw the incident and ran from the front of his home, toward the road, and yelled at the dogs, which retreated to Robinson’s property. Rose then climbed over the fence into the neighbor’s property. The neighbor, an emergency medical technician, attended to Rose and, once she was stabilized, drove her to a Kaiser hospital. Rose sued Robinson, alleging that, as the owners of the dogs, Robinson was liable for their actions. Plaintiff’s counsel presented multiple witnesses who testified that they had observed, or been involved in, incidents with Robinson’s dogs. Robinson disagreed with the witnesses and claimed that Rose was not attacked by his dogs. However, on cross-examination, the defense’s expert animal behavioral specialist was presented with a photo of the wounds to Rose’s back, which showed three wounds consistent with a dog having a fractured lower, right canine tooth, which one of Robinson’s dogs had., Rose sustained dog bite wounds to her back, left breast, and neck. She also claimed she suffered an L3 compression fracture as a result of the incident. Her neighbor, an EMT, attended to her at the scene. Once she was stabilized, the neighbor drove Rose to a Kaiser hospital, where Rose was treated and released. Rose claimed that she is left with scarring as a result of the dog bites. She also claimed that she now suffers from post-traumatic stress disorder as a result of the attack. Thus, Rose sought recovery of past medical costs and recovery of damages for her past and future pain and suffering. She also sought recovery of punitive damages. Defense counsel moved for non-suit as to the claim of punitive damages, but the motion was denied.
COURT
Superior Court of Sacramento County, Sacramento, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case