Case details

Plaintiff claimed wrist fracture during dog attack

SUMMARY

$63000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, fracture, left wrist fracture, wrist
FACTS
On Sept. 6, 2011, at approximately 5:30 p.m., plaintiff Patricia Heckhaus, 71, a part-time clerical worker, was walking with her neighbor and her neighbor’s three dogs in Huntington Beach. Heckhaus was walking her neighbor’s Jack Russell Terrier, while her neighbor walked her two Whippets. As they passed the home of Debra Calles, a German Shepherd owned by Calles ran outside toward Heckhaus, her neighbor and the three dogs. Heckhaus claimed she and her neighbor were knocked to the ground by the German Shepherd, who then attacked the other three dogs. Heckhaus sustained a left wrist fracture. Heckhaus sued Calles, alleging the defendant was negligent and in violation of the Orange County Leash Law. Heckhaus contended that as Calles arrived home and opened her garage, Calles’ husband came outside to retrieve some groceries from the car. However, she claimed the husband left the garage door open, allowing the German Shepherd to run outside, attack the three dogs and knock her over in the process. Calles initially disputed liability, as her husband, who witnessed the incident, claimed that the German Shepherd did not knock over Heckhaus and that Heckhaus simply panicked due to the approaching dog and tripped over her dog leash. However, Calles ultimately admitted liability just prior to trial., Heckhaus sustained a fracture of the distal radius of her non-dominant, left wrist. She was subsequently taken by her friend’s husband to an emergency room. Heckhaus ultimately underwent open reduction and internal fixation surgery, with the insertion of a plate and screws, two days later. She then followed up with roughly three months of physical therapy, followed by home hand exercises, to rehabilitate her injury. Heckhaus claimed she fully recovered from the wrist injury after 11 months, but she was left with a permanent scar from the surgery. She also claimed she suffers residual psychological trauma, as she is now fearful of walking dogs. Thus, plaintiff’s counsel asked the jury to award Heckhaus $150,000 to $270,000 in general damages for her pain and suffering. (Heckhaus did not seek recovery of any special damages.) Defense counsel argued that Heckhaus made a great recovery from her injury and that Heckhaus’ general damages claim was excessive.
COURT
Superior Court of Orange County, Santa Ana, CA

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