Case details

Rescue dogs not properly overseen, bitten woman claimed

SUMMARY

$1300000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, face, facial laceration, fracture, lip, mental, nose, psychological
FACTS
On July 23, 2020, plaintiff Esther Cervantes, a 58-year-old unemployed woman, was bitten by a German shepherd. The incident occurred at a park in La Mesa. The dog was one of several rescues being exhibited by Happy Hearts German Shepherd Rescue. Cervantes suffered of an arm, her face and a wrist. The incident was witnessed by Cervantes’ son, Israel Cervantes Jr. He claimed that he suffers residual emotional distress. Esther Cervantes and Israel Cervantes sued Happy Hearts German Shepherd Rescue; its owner, Donna Tavakkoly; an agency that was believed to be overseeing the dogs, Taylor Made Working Dogs; and that agency’s owners, Kristopher Patrick Taylor and Lore Besch Taylor. The lawsuit alleged that the defendants negligently failed to control the dogs. Plaintiff’s counsel contended that the defendants co-owned, harbored, managed, controlled and presented a dangerous dog to Cervantes and that if Cervantes had known the dog was dangerous, she would not have come into close proximity with the dog. Plaintiff’s counsel also contended that the defendants were negligent for keeping the dog too close to visitors. Defense counsel contended that Cervantes was at least partially to blame, as she bent down and embraced the dog. Defense counsel also denied the defendants had notice of prior aggressive behavior by the dog. The defense claimed that Taylor Made employees issued appropriate advance warnings and instructions to Cervantes., Cervantes suffered a fracture of her nose and lacerations of an eye, a forearm, a lip, her nose and a wrist. She was treated at a hospital. Cervantes claimed that she requires reconstructive surgery. She sought recovery of $100,000 for past medical expenses, about $165,000 for future medical expenses, and unspecified damages for past and future pain and suffering. Her husband sought recovery of damages for loss of consortium. Israel Cervantes claimed that he suffers residual emotional distress. He sought recovery of damages for emotional suffering.
COURT
Superior Court of San Diego County, San Diego, CA

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