Case details

Plaintiff claimed dog bite resulted in traumatic amputation

SUMMARY

$225000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, mental, nerve damage, neurological, neuropathy, psychological
FACTS
On May 10, 2014, plaintiff Gary Cobb, 56, a tree trimmer, was working as a ranch manager on the property of Conan Hayes, in Topanga Canyon, when a Rottweiler owned by Charlotte D’Elia snuck up behind Cobb and bit off the tip of his right pinkie finger. Cobb sued Hayes; D’Elia; and a company owned by D’Elia, Rad Ventures LLC. Hayes defaulted and Rad Ventures was dismissed prior to trial since it did not own the dog. In addition, D’Elia admitted liability for failing to control her dog. Thus, the matter continued to trial against D’Elia only on the issue of damages., The distal phalanx of the pinkie finger on Cobb’s right hand was traumatically amputated. Cobb was immediately taken to a hospital, where an attempted reattachment failed. He subsequently underwent hand therapy. Cobb claimed that he suffers from chronic pain and a nerve injury with residual neuropathic pain, including allodynia and hyperpathia at the amputation stump. He also claimed he suffers from anxiety disorder. Cobb alleged that as a result of his chronic nerve pain, he can no longer operate the tools of his profession as a tree trimmer and handyman. He also alleged that the interphalangeal joint on his pinkie no longer flexes and that he is physically limited because his ability to grip power tools has been compromised. He further alleged that his amputation stump is extremely sensitive to temperature, so he can no longer get in the ocean. In addition, he alleged that he now suffers from anxiety around all dogs, as well as has flashbacks and nightmares of the incident. Cobb claimed that he has anxiety in social situations, such as when he meets a new potential client, and that he avoids activities in crowded places or in places where dogs are walking unleashed. However, he does not take any prescription medicine, but only holistic remedies, allegedly due to bad side-effects and concern for his kidney and liver health. The plaintiff’s neurology (and neuropsychiatry) expert opined that Cobb sustained a permanent nerve injury as a result of the traumatic amputation. In addition, the plaintiff’s psychology expert opined that Cobb suffers from an adjustment disorder as a result of the dog bite. Cobb waived economic damages, as the parties stipulated that there was no claim for past or future loss of earnings and/or medical expenses. Thus, Cobb sought recovery of $3.6 million in damages for his past and future pain and suffering. Cobb’s wife, Lora Colton, presented a derivative claim, seeking recovery of $150,000 for her loss of consortium. Defense counsel disputed there was any residual damage other than the amputation itself. Thus, counsel asked the jury to award the plaintiffs nothing.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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