Case details

Plaintiff claimed lip scar from dog attack

SUMMARY

$24900

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
disfigurement, face, nose, scar
FACTS
On Aug. 24, 2008, plaintiff Bonnie Aarons, 50s, an actress, was a dinner guest at the home of Frank Schwertfeger in Playa del Rey. Aarons claimed that when she went to throw out some garbage in the kitchen, she was attacked by Schwertfeger’s Dalmatian and bit on the upper lip. Aarons sued Schwertfeger. She alleged she was told by the defendant where to throw out the garbage, but was not warned about the dog. She also alleged that she did not provoke the dog prior to the attack. Thus, Aarons claimed that Schwertfeger knew of the dog’s vicious propensities, making the defendant liable for the attack under the state’s dog bite statute. Schwertfeger admitted liability, and the matter proceeded to a trial on damages., Aarons went to her normal physician the day after the attack, as she already had a scheduled appointment. The doctor subsequently gave her an injection to stave off any infection from the dog bite. Aarons then followed up with two plastic surgeons, the latter of which recommended a skin peeling procedure to improve the appearance of the bite wound. As a result, Aaron ultimately underwent a few skin peeling procedures. Aarons claimed that she was left with a small residual scar, which was improved by the skin peeling procedures. She claimed the scar may still affect her future career as an actress, and sought recovery of damages for her past lost earnings. She also sought recovery of $12,960 in damages for her past medical costs and an unspecified amount of damages for her past and future pain and suffering. Defense counsel argued that what happened was not an attack, but merely one quick bite by a startled dog when Aarons bent down. Counsel also argued that the scar was barely noticeable. Thus, defense counsel contended that Aarons was only owed a small amount of damages for her past medical costs and pain and suffering.
COURT
Superior Court of Los Angeles County, Torrance, CA

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