Case details
Plaintiff claimed officer failed to control K-9
SUMMARY
$2000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
chronic pain, leg injuries, neurological, reflex sympathetic
FACTS
On July 21, 2013, plaintiff Erin Casey, 21, was outside of a restaurant in north Bakersfield when an argument broke out between her and her ex-boyfriend. Kern County Sheriff’s Deputy Ubaldo Weiss happened to be driving by the restaurant when he overheard Casey and her ex-boyfriend arguing. Weiss pulled his K-9 patrol vehicle to the side of the road and exited the vehicle. Unbeknownst to Weiss, as he was walking toward Casey, Weiss’ K-9 partner was able to open a sliding door that divided the back of the patrol vehicle from the front. The K-9 was then able to exit the car by jumping through an open passenger compartment window and it ran toward Casey, biting her for a minute to 90 seconds. Weiss commanded the K-9 to stop, but it did not do so. As a result, he had to call for back-up to get the K-9 to stop biting Casey, who sustained to her leg. Casey sued Weiss and Weiss’ employer, the county of Kern. Casey alleged that Weiss failed to control the K-9 and that the patrol vehicle was improperly maintained. She also alleged that the county was vicariously liable. Plaintiff’s counsel contended that an investigation found that the K-9 escaped from its holding kennel in the back of the patrol car due to a mechanical defect inside of the car. Defense counsel agreed that the K-9 should not have been let out of the patrol car, but asserted that Weiss acted reasonably and that the K-9 was simply doing its duty to protect Weiss., Casey suffered several major bite wounds to a leg. She was subsequently taken to a hospital, where she was admitted for several days for wound care. Casey claimed that after being discharged, she began to experience severe pain in her leg and was ultimately diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. As a result, she underwent a surgery to install a spinal cord stimulator. Casey sought recovery of medical expenses and damages for her pain and suffering.
COURT
Superior Court of Kern County, Kern, CA
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