Case details

Plaintiff’s psychiatric issues pre-existed dog bite: defense

SUMMARY

$131834.72

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Feb. 4, 2015, plaintiff Shannon Church, 30, a mapping coordinator for Pacific Gas and Electric Co., was at the residence of Barbara Sarkis, in Orinda, while in the capacity as a PG&E employee, when Church was bitten on the lower buttocks by Sarkis’ 90-pound German Shepherd. Church sued Sarkis, alleging that Sarkis was strictly liable for the dog’s actions. Specifically, Church alleged that Sarkis was negligent for failing to control her dog. PG&E imposed a lien, which defense compromised and secured a judgment credit. Sarkis conceded liability for the incident., Church sustained a severe bite wound to her lower buttocks. Within a couple of hours, she was transported to a hospital and received wound treatment. She also claimed that she was psychologically impacted by the incident. About six weeks later, Church complained of suffering from post-traumatic stress disorder. Church claimed that she now fears dogs in general, so she can no longer have dogs, go to dog parks, or go to restaurants where there might be dogs. She also claimed that she can no longer enjoy being outside in general due to her psychiatric limitations and now runs to the other side of street when sees dogs. Church further claimed that she can no longer work at her job, which involved site visits at homes where dogs were present, and had to take nearly one year off from work. She alleged that as result, she was placed in a lower paying job at PG&E. In addition, Church complained of sexual dysfunction and frequent panic attacks, and claimed that she will have PTSD for life. The plaintiff’s expert psychiatrists testified that Church would only require 28 more visits. Thus, the parties stipulated that Church’s future medical costs would total $4,400. Church sought recovery of $9,797.72 in past medical costs, $4,400 in stipulated future medical costs, $150,000 in past lost wages, $1 million in future loss of wages, and $550,000 in damages for her past and future pain and suffering. Defense counsel contended that Church had long-term, pre-existing psychiatric problems prior to the dog-bite incident. Thus, defense counsel suggested that the jury award Church only $75,000 in total damages.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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