Case details
Plaintiff: Alcohol level did not contribute to dog bite incident
SUMMARY
$120000
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
chin, disfigurement, face, lip, nose, scar
FACTS
On July 19th, 2009, plaintiff Paulette Morales, 19, an associate at Costco, was at a party in the yard of the home of Lizette Medina, Fidel Medina and Alma Medina. There was drinking at the party, which Morales took part in. The party eventually moved inside the house after neighbors made a noise compliant. Morales then entered into what she thought was the grandmother’s room in order to smoke, but opened the wrong door and entered the garage. As a result, Morales was bitten by a pit bull owned by the Medinas. Morales sued Lizette, Fidel and Alma Medina, alleging that the defendants were strictly liable for the attack under California’s Dog Bite Statute. The Medinas contended that Morales caused the incident by opening the wrong door due to her intoxication. Defense counsel noted that Morales’ blood alcohol level was measured to be .189 at an emergency room, 4.5 hours after the attack. Thus, counsel argued that Morales was contributorily negligent for the incident. In response, Morales claimed that her intoxication did not contribute to the pit bull attack., Morales sustained an avulsion injury to her lip and chin as a result of the dog bite. She was subsequently treated initially at Camp Pendleton Naval Hospital in Oceanside and then was transported to Balboa Naval Medical Center in San Diego for additional treatment. Ultimately, Morales required surgery to close the wound, as well as subsequent procedures to revise the resulting scar. Thus, Morales claimed past medical expenses of $7,500, as well as future medical expenses of $15,000 for revision surgery to further treat the resulting scar.
COURT
Superior Court of San Diego County, Vista, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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