On Feb.13, 2014, plaintiff Ali Jahanshir, 64, a deliveryman, was making a delivery to the house of Walter and Mary Shepherd, in Newbury Park. As the Shepherds’ granddaughter opened the door, two of the Shepherds’ three little dogs escaped, allegedly causing to Jahanshir’s back and an ankle. Jahanshir sued the Shepherds, alleging they were negligent for failing to control the dogs and were strictly liable for the dogs’ actions. Jahanshir claimed that as the dogs exited the house, he suffered a nick to one of his ankles from one of the dogs biting him. He alleged that as a result, he stepped backward on the porch, lost his footing, and fell on his back. Defense counsel disputed Jahanshir’s version of the incident and noted that the Shepherds were not home at that time. Shepherds’ granddaughter claimed that she was able to corral the dogs, which went back inside right away, and that when she returned to the porch, she saw Jahanshir looking at his ankle., Jahanshir sustained a dog bite injury to an ankle. He also claimed he suffered bulging lumbar discs. After the incident, Ms. Shepherd, who was returning from the hospital, offered Jahanshir Neosporin and bandaged the nick on his ankle. She also offered to provide Jahanshir with a record of the rabies shot, but Jahanshir declined. Later that day, Jahanshir went to a hospital, where he was treated and released. He then underwent physical therapy, and orthopedic and pain management treatment. The plaintiff’s orthopedic surgery expert opined that Jahanshir will eventually require a medial facetectomy, foraminotomy and microdiscectomy at the L4-5 and L5-S1 levels. Jahanshir sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel contended that there was no record of back pain when Jahanshir presented to the hospital after the incident. Counsel also contended that based on imaging of Jahanshir’s back from before the incident, the bulging lumbar discs were pre-existing. The defense’s orthopedic surgery expert opined that Jahanshir’s were pre-existing. Defense counsel did not dispute the “nick” from the dog bite and suggested that if the jury was to award damages, it should only award Jahanshir for his initial hospital bill and for his past pain and suffering.