Case details

Plaintiff’s teasing contributed to dog attack, defense argued

SUMMARY

$105000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
disfigurement, face, nose, scar
FACTS
On Aug. 19, 2010, plaintiff Cassandra Cook, 22, was at the home of her boyfriend, Allan Watson, in the La Mesa neighborhood of San Diego. Cook was sitting on the ground with Watson’s pet pit bull, practicing simple tricks with it, when the dog bit Cook’s left and right forearms, and right side of her face. Cook sued Allan Watson, alleging strict liability. Watson’s family members, who lived with Allan Watson at the La Mesa residence, were initially named as defendants, but were ultimately dismissed prior to trial. Defense counsel noted that Cook testified that she had dated Watson for years, was familiar with the dog, and had no reason to be afraid of it. Counsel contended that Cook had teased the dog by waving treats at it, leading to the attack. Thus, defense counsel argued that Cook was contributorily negligent., Cook was bitten on her left and right forearms, and on the right side of her face. She was subsequently driven by Watson to the emergency room at Sharp Grossmont Hospital, in San Diego. Cook was hospitalized for three days and underwent reconstructive surgery to her right eye socket on Aug. 20, 2010. She then treated with several optometrists following the surgery. Cook was kept out of school for one month due to her . As a result of the attack and resulting surgery, Cook is left with a 2-centimeter scar near her right eye. She claimed that she feels subconscious about the scarring and that she now requires hourly use of over-the-counter eye drops. She also claimed that may eventually require surgery to remove her scar. The plaintiff’s reconstructive surgeon who first treated Cook in the emergency room, Dr. Alex Kim, testified that Cook’s face was missing pieces of tissue and skin due to the attack. Thus, Cook sought recovery of $1,045,000 in total damages. Defense counsel argued that Cook’s were less serious than alleged and that the could be easily corrected with surgery. Counsel also noted that two of Cook’s friends testified that Cook’s facial scar was not noticeable under makeup. However, the defense’s expert plastic surgeon examined Cook and opined that further surgery could reduce the size of Cook’s scar by 50 percent.
COURT
Superior Court of San Diego County, San Diego, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case