On Dec. 24, 2010, plaintiff Herbert Arnoldi, a part-time electrician in his 40s, went to visit his niece at her Corona home, but as he exited his vehicle in the driveway, he was attacked from behind by a Belgian Shepherd (Malinois) dog that bit and lacerated his left hand. He claimed the dog ran away after the incident. Arnoldi sued the owner of a police canine that was believed to have attacked him, the county of Orange; and the dog’s handler, Kevin Lapyrne, a deputy with the Orange County’s Sheriff’s Department Canine Unit. Arnoldi alleged the defendants were strictly liable for the dog’s actions under the state’s dog bite statute. Lapyrne was also dismissed from the case prior to trial, and the matter proceeded to trial against the county only. Arnoldi claimed the county’s police dog attacked him from behind and then ran away after the incident. Thus, he claimed that since the dog was owned by the county, it was strictly liable for the attack. The county claimed the subject attack did not involve its police canine, since the dog was locked up in a patrol car at the time. Lapyrne also testified under penalty of perjury that the dog was locked up securely in the patrol car at the time of the alleged incident, and that it would have been impossible for the dog to get out. In addition, the defense’s police canine expert testified that a trained canine would not act in the manner described by Arnoldi., Arnoldi claimed he sustained a dog bite wound, resulting in a laceration to his left, non-dominant hand. He subsequently went to an emergency room to have his lacerated hand debrided and sutured. Arnoldi claimed he now has a minor scar on his left hand. Thus, he sought recovery of $5,000 for past medical costs and up to six figures in damages that included his pain and suffering. His wife, Alicia Arnoldi, initially sought recovery of damages for her loss of consortium, but ultimately dismissed her claim prior to trial. Defense counsel contended that Mr. Arnoldi made a good recovery from his injury, and that his claim for pain-and-suffering damages was excessive.
