On April 9, 2013, plaintiff Andrew Verduzco, 45, a UPS delivery driver, stopped to deliver a package at Christopher and Kathy Podesto’s residence in Lodi. The Podestos lived on a 10-acre vineyard, and allowed their 13-year-old Labrador dog, Coby, to live on their front porch and wander their property. While walking the package to the Podesto’s front door, Coby and Verduzco walked past each other. After Verduzco delivered the package to the Podesto’s front porch, he noticed that Coby had gotten into his UPS truck. He subsequently tried to get Coby out of his truck by saying, “Here boy,” but Coby did not respond. Mrs. Podesto then came out of her house and told Verduzco that Coby was getting old and senile, and to let her get a treat for Coby. Mrs. Podesto then retrieved some lunch meat for Coby, and Coby exited the UPS truck. However, Verduzco claimed that Coby then bit him on his right hand and bottom lip. Verduzco sued Christopher Podesto and Kathy Podesto for negligence and strict liability. Verduzco alleged that the Podestos were negligent for failing to control their animal, Coby. Verduzco claimed that after Coby exited the UPS truck, the dog put his front paws on the bottom step in an attempt to re-enter the truck. He claimed that as a result, he put his right hand in front of Coby and said, “No boy,” causing Coby to bite his right hand. Verduzco claimed that he then pulled his right hand back and hit his arm against his truck, causing him to yell in pain. He alleged that Coby then lunged at him, biting him on his lip. The Podestos stipulated to strict liability. However, Mrs. Podesto claimed that after Coby exited the truck and ate the lunch meat, her dog re-entered the UPS truck, but that before she could say anything, Verduzco reached into the truck and grabbed Coby from behind the ears in an attempt to drag the dog out of the truck. She claimed that when Verduzco did this, his face was only inches apart from the dog’s face, causing Coby to bite Verduzco on the hand and face. Thus, defense counsel argued that Verduzco assumed the risk by reaching in and grabbing the Podestos’ dog and that Verduzco was, therefore, comparatively negligent., Verduzco was taken by the Podestos’ son to a hospital for treatment of dog-bite to Verduzco’s right, dominant hand and bottom lip. Verduzco alleged that the dog’s teeth severed nerves in his hand and lip and that the were permanent. Verduzco claimed he continues to suffer residual hand pain and numbness, wherein his hand falls asleep. He also claimed residual numbness to his lip, wherein whenever he feels pressure on his lip, such as kissing his wife, he feels a burning sensation. In addition, he claimed that he is left with residual scarring to his lip and hand and that his lip injury causes him to drool. Thus, Verduzco sought recovery of approximately $500,000 in past and future general damages. The parties stipulated that Verduzco’s special damages totaled $18,501.80, including $13,699.79 in lost earnings and $4,802.01 in medical expenses. Defense counsel argued that Verduzco was exaggerating his , in that Verduzco’s were not as severe as he alleged. Counsel pointed out that Verduzco returned to work a little over a month after the incident and that Verduzco had not missed any work as a result of his since returning. Counsel also pointed out that after returning to work, Verduzco signed a DMV document for a Class A driver’s license, stating that he did not have any to his hands, arms, feet, or legs. Defense counsel noted that Verduzco’s own treating orthopedic surgeon testified that it could take up to three years for Verduzco’s to heal, but that Verduzco’s retained neurologist testified that the were already permanent.