Case details

Owners’ failure to restrain dog resulted in attack, plaintiff alleged

SUMMARY

$180000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, distal fibula, foot, fracture, left tibia, leg, malleolus distal fibula, pilon fracture, shin
FACTS
On Aug. 7, 2013, plaintiff Grace Tsai, 56, a nanny, was walking her small, leashed dog in Great Oaks Park, in San Jose, when she and her dog were attacked by a dog owned by Ton Trinh and Tony Nguyen. Tsai tried to escape the attack, but was unable to flee, as the attacking dog’s leash had wrapped around her legs and caused her to trip and fall. A third-party bystander was eventually able to restrain the attacking dog and prevent further harm to Tsai, who claimed to a foot, shin, and ankle. Tsai sued the owners of the attacking dog, Ton Trinh and Tony Nguyen. (The owners of their dog were initially erroneously sued as “Tony Ton Trinh Nguyen.”) Tsai contended that Trinh and Nguyen failed to control their dog, making them liable for the incident. Trinh and Nguyen ultimately accepted liability., Tsai had trouble walking, and complained of pain, stiffness, and swelling in her left ankle immediately after the attack. As a result, she sought immediate treatment at the emergency room of Santa Clara Valley Medical Center, in San Jose. Tsai was diagnosed with a fracture of the left tibia. On Aug. 22, 2013, she underwent a pre-surgery CT scan of her lower left leg, and it was determined that her tibia fracture extended to the ankle joint. Tsai was also diagnosed with fractures of the posterior talus and the distal fibula of the left ankle, as well as fractures of the bases of the first, second, third, and fourth metatarsals in her left foot. Tsai was subsequently prescribed Norco, which contains hydrocodone and acetaminophen, for pain management. The next day, on Aug. 23, 2013, Tsai underwent surgery at Santa Clara Valley Medical Center to repair the multiple fractures. During the procedure to correct the left pilon fracture and left lateral malleolus, 16 screws were placed in the fracture sites in her left tibia and fibula. After the surgery, Tsai was admitted to the inpatient ward for pain control and physical therapy. Her leg was also placed in a splint for two weeks, which was to be followed by a short-leg cast for four weeks. In addition, Tsai was instructed to not place any weight on the repaired ankle for three months. As a result, while Tsai was an inpatient, she had to use a walker to move around. She was eventually discharged from the surgery ward on Aug. 25, 2013. Tsai claimed that during and immediately after the surgery, she had to rely on OxyContin (oxycodone) for her severe pain. During an evaluation at Santa Clara Valley Medical Center on Feb. 24, 2014, the sutures were removed, Tsai’s leg was re-splinted, she was given a short leg cast, and X-rays were taken of her ankle during four separate visits to see how she was healing. During those visits, Tsai reported pain, particularly over her posterior tibial tendon, an inability to move her toes, and difficulties with her basic daily activities, such as walking. Tsai then had to wear a CAM boot over her lower leg, and she had to rely on crutches. Tsai then underwent physical therapy sessions, which included 10 sessions from March 12, 2014 to June 5, 2014, and five more sessions from July 2014 to August 2014. On March 2, 2015, Tsai was evaluated again. During the evaluation, she complained that she had continued numbness in her foot, pain when walking, and difficulty standing after sitting for a period of time. She also claimed that she continued to have trouble walking downstairs and that she still had not been able to return to her job as a nanny. Thus, Tsai sought recovery of $67,367.28 in medical costs. She also sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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