Case details

Plaintiff claimed dog’s owner had notice of earlier attack

SUMMARY

$70000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, bite mark, mental, post-traumatic stress disorder, psychological, PTSD, sutures epidermis
FACTS
On July 22, 2011, plaintiff Bettina Mullin, 45, a volunteer with Stanford University Hospital, was walking her Yorkshire Terrier, Kramer, on Beaumont Boulevard in Pacifica. As she walked in front of the home of her neighbor, Eugene Navarette, she was approached by Maverick, a German Shepherd owned by Navarette. Mullin claimed she was attacked by the German Shepherd and was bitten on her right, dominant upper arm. Mullin sued Navarette, alleging the defendant was negligent in failing to control the German Shepherd. Mullin claimed that Maverick had a history of aggressive behavior, and had attacked and bitten her on a prior occasion, when she was walking Kramer about a year before. She claimed that was not injured in the prior attack, but that she told Navarette about the incident and he was aware of it. Mullin further claimed that Maverick had also previously attacked and knocked down another neighbor while it was trying to get at that neighbor’s dog. Thus, Mullin contended that Navarette was strictly liable under California’s Dog Bite Statute. Defense counsel noted that although Mullin alleged that Maverick had bitten her before when it was a puppy, Navarette contended that he was unaware of the incident. Counsel also contended that Mullin never reported that prior incident to anyone, even investigators, when it allegedly occurred. Thus, defense counsel argued that the only prior incident of aggressiveness was an incident with Maverick running after another dog., Mullin was bitten on her right, dominant upper arm. After the accident, she went to Seton Medical Center Emergency Room, in Daly City, where her wounds were cleaned out, cared for and sutured. Mullin claimed she now suffers post-traumatic stress disorder as a result of the incident with Maverick. Defense counsel contended that Mullin’s and PTSD were not as severe as she alleged and that Mullin was seeking more money than a jury would likely award.
COURT
Superior Court of San Mateo County, San Mateo, CA

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