On Oct. 5, 2019, plaintiff Roberta Pastorino, 79, a retiree, was walking her dog near her home on Winding Creek Road, in Salinas, when her dog was attacked by Nancy’s Bingaman’s two Labrador mixed-breed dogs, which were off their leash. Bingaman’s dogs ultimately knocked Pastorino down in the process, causing her to land on her right side. Pastorino sued the owners of the Labrador mixed-breed dogs, Nancy Bingaman and Marc Bingaman. Pastorino alleged that the Ms. Bingaman was negligent for failing to control the animals and that Mr. Bingaman was vicariously liable for the actions of Ms. Bingaman and their dogs. Pastorino claimed that Ms. Bingaman failed to keep her dogs on a leash and that the failure to do so resulted in the attack. She also claimed that she knocked down while attempting to separate the dogs., Pastorino was taken from the scene by ambulance and brought to Community Hospital of the Monterey Peninsula, in Monterey, where she was examined and underwent X-rays of her right shoulder. She was determined to have sustained a two-part fracture of her right humerus, contusions, and pain in her chest and coccyx. Pastorino was treated and released. Thereafter, she underwent six months of physical therapy. Pastorino claimed that she now suffers from anxiety whenever she walks on the street, and has difficulty performing personal care and activities of daily living. She also claimed that she has restricted range of motion in her right arm due to malunion. As a result, she claimed she may potentially need a right shoulder arthroplasty.