Case details
Plaintiff: Family friend’s dog bit without provocation
SUMMARY
$800000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, disfigurement, emotional distress, face, lip, mental, nose, psychological, scar
FACTS
On May 20, 2010, plaintiff Lillian Jabin, 8, was playing along the shoreline of Brooks Street Beach in Laguna Beach, near where her mother, plaintiff Rachel Jabin, and brother, plaintiff Kyle Jabin, 14, had set up their beach chairs and laid out their towels. The Jabins went to the beach with Kimberly Garcia; her son, Garrett Garcia; and the Garcia family dog, Jack, after spending the night at the Garcias’ beach house. After playing at the water’s edge, Lillian began to walk back toward where the group had set-up camp. However, as Lillian approached her mother, Jack, without warning or provocation, jumped up and lunged at her, biting her face and arm. Kyle was eventually able to pull Jack off of his sister, but Lillian had sustained to her face and arm. Peter Jabin, acting as the guardian ad litem for Lillian and Kyle, and Rachel Jabin sued Kimberly Garcia and Garrett Garcia, as well as Tony Garcia, Carol Smith and Helen Krug. The Jabins alleged that each defendant owned Jack, but failed to control the family dog’s actions when it attacked Lillian. Plaintiffs’ counsel contended that although Lillian was able to play with Jack without incident the day before, after Lillian’s family had arrived at the Garcia’s beach house, the dog lunged at the child without warning while on the beach the next day and bit her. Thus, plaintiffs’ counsel contended that the defendants failed to keep proper control of the dog. The defendants contended that Jack was solely owned by Garrett Garcia. They also contended that Lillian provoked the attack., Lillian sustained severe bites to her left cheek, lip and left non-dominant arm. She was subsequently taken to a hospital for treatment and awoke during a surgery to repair the bite marks. Shortly after discharge, Lillian was re-admitted to a hospital for a blood infection related to the dog bites. Lillian has scarring to her left cheek and lip, and very prominent scarring to her left arm. She claimed that she suffers from heat and sunlight hypersensitivity in the areas of the bite wounds. Kyle claimed that when he witnessed the attack, he jumped up from his beach chair and pulled the dog off of his sister, all the while their mother watched in horror. Thus, Kyle and Ms. Jabin sought recovery of damages for the defendants’ negligent infliction of emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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