Case details
Plaintiff claimed dog bite caused nerve damage to hand
SUMMARY
$43500
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
nerve, neurological
FACTS
On Oct. 19, 2016, plaintiff Gary Ballen, 72, was holding his dog in front of the house of Claudia Pettit and Robert Pettit on Thurston Avenue, in Los Angeles, when the Pettits’ unrestrained dog ran out and bit his hand. Ballen claimed the dog bite caused additional to his hand. Ballen sued the Pettits, alleging that the Pettits were strictly liable for their dog’s actions under California’s dog bite statute, Civil Code § 3342., Ballen sustained a laceration on his non-dominant hand due to the dog bite. He claimed that, over time, he noticed nerve-related symptoms to his injured hand. Ballen presented to a hospital six days after he was bitten, and his expert hand surgeon diagnosed him with radial nerve neuropraxia of the dorsal side of the hand. Ballen then underwent a few months of physical therapy. Balled claimed that he saw a plastic surgeon when his symptoms remained ongoing. He alleged that a surgery could be performed to wrap the nerve, but that the success rate was not high. As a result, Balled determined that the surgery was not necessary. Ballen sought recovery of past medical costs, and damages for his past and future pain and suffering. Defense counsel argued that Ballen did not sustain any nerve damage. The defense’s expert hand surgeon conducted nerve tests, and testified that he found no positive result. However, plaintiff’s counsel countered that the defense’s expert only spent a limited time with Ballen, and argued that the plaintiff’s expert tested Ballen several times and received positive nerve results.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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