Case details
Plaintiff sustained dog bite, resulting in facial lacerations
SUMMARY
$541000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
face, facial laceration, nerve, neurological, nose
FACTS
On Oct. 15, 2010, plaintiff Kelly Force, 46, a UPS driver, was making a delivery to Edgewater Networks Inc., where Nicole Burke worked and brought her dog. Edgewater Networks, a San Jose company, had a policy that allowed employees to bring in their dogs with them during work hours. In addition, Force had previously made deliveries to the premises and interacted with Burke’s dog. However, on this occasion, Force sat down in an office chair with the dog sitting in between her legs and started to lightly rub the dog’s ears. She also exchanged “kisses” with the dog, but this time, the dog then snapped at her face, biting her. Force sued Burke and her employer, Edgewater Networks. Force alleged that the defendants were strictly liable and negligent for the incident, and that Edgewater Networks created a dangerous condition by allowing employees to bring their dogs to work. Plaintiff’s counsel contended that Burke’s dog, an Australian Shepard, had two other instances of biting and had been deemed “dangerous” by the city of San Jose. Counsel further contended that as a result, the city required that insurance be obtained for the dog, and required that the dog be muzzled when off of Burke’s property or in a public place. However, Force claimed that the dog was not muzzled, that Burke never warned her about any potential danger in interacting with the dog, and that in any of their previous interactions, the dog had never behaved in a threatening way. In addition, plaintiff’s counsel contended that Edgewater Networks did not inquire about the potential dangerousness of any dogs allowed on its premises, thereby creating a dangerous condition., Force sustained facial lacerations, as the flesh of her right nostril and upper lip had been torn during the dog bite. Following the incident, she received medical attention. Force claimed that despite her facial healing well, she continues to experience lasting facial numbness. She also claimed that she suffers post-traumatic stress disorder as a result of the incident.
COURT
Superior Court of Santa Clara County, San Jose, 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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