Case details
Plaintiff claimed dog attack resulted in arm deformity
SUMMARY
$300000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
anxiety, arm, depression, disfigurement, mental, nerve damage, neurological, neuropathy, psychological, right arm, scar
FACTS
On Jan. 13, 2013, at approximately 1:30 p.m., plaintiff Mary Ann Taylor, 73, a retiree, was outside her home on Calora Street in Covina when she was mauled by a neighboring Akita dog, which had gotten lose from one of its owners, Teresa Ortiz. Taylor sustained puncture wounds and lacerations along her right arm. Taylor sued Teresa and David Ortiz, the owners of the dog. Taylor alleged that the defendants were strictly liable for the Akita’s actions under the dog bite statute. The Ortizes admitted liability in part, but also claimed Taylor was comparatively at fault for approaching and attempting to feed a strange dog with cat food., Taylor sustained 30 puncture wounds to her right arm as a result of dog bites, as well as multiple lacerations across 100-centimeters of her upper, right arm. She also suffered a loss of subcutaneous tissue. Taylor was subsequently driven to an emergency room, where her wounds were debrided and she received roughly 200 sutures to her right arm. She then followed up with her physician to have bandages replaced and for topical treatment. Taylor claimed she is left with multiple scars, mass loss and deformity to her dominant, right arm, as well as some nerve damage associated with the wounds. She also claimed she experiences residual pain in her upper right arm as well as loss of sensation and strength, numbness, and tingling, all associated with the nerve damage. In addition, Taylor claimed residual depression, anxiety, nightmares and post-traumatic stress disorder as a result of the incident. She alleged that her condition has limited her playing with her grandchildren and limited any over-use of her right arm. Thus, Taylor sought recovery of medical expenses and damages for her pain and suffering. Defense counsel contended that Taylor made a good recovery from her and that her right arm was fully functional with no limitations.
COURT
Superior Court of Los Angeles County, Pomona, CA
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