Case details
Plaintiff claimed dog was inherently dangerous
SUMMARY
$51533.9
Amount
Decision-Plaintiff
Result type
Not present
Ruling
KEYWORDS
headaches, pain, pelvis injury, right hip
FACTS
On July 10, 2007, plaintiff Shelley Tomasello, 45, an employee at an accounting firm, was walking her dog on Wisner Avenue, in Van Nuys, when an unchained German Sheppard jumped over a fence of a nearby residence. Scared that the German Sheppard would kill her dog, Tomasello put her dog in her arms. Subsequently, the German Sheppard mauled her left leg. The German Sheppard had previously attacked another dog and killed it, as well as attacked another person before Tomasello. As a result, the German Sheppard was put down by Animal Control after Tomasello’s incident. Tomasello sued the owners of the German Sheppard, Wilfredo Rivas and Haydee Rivas. Tomasello alleged that the defendants were strictly liable for the incident, in that the German Sheppard was inherently dangerous. Only Wilfredo Rivas appeared at trial, acting in pro per. He did not dispute the incident with Tomasello or the prior attacks, but denied that either he or Ms. Rivas had any responsibility for the German Sheppard’s actions., Tomasello sustained bite marks and puncture wounds to her left leg. She was subsequently taken to by ambulance to a hospital, where she received a rabies shot in the emergency room. Tomasello missed a few days of work after the incident, but was ultimately able to return. She claimed that she has healed, but that she is left with scarring to her left leg. Thus, Tomasello sought recovery of $303.90 in past medical costs, and damages for her pain and suffering.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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INJURIES:
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- brain
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- subdural hematoma
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