Case details
Unmonitored dog bit child, mother claimed
SUMMARY
$300000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
disfigurement, emotional distress, face, facial laceration, mental, nose, psychological, scar
FACTS
On July 11, 2019, claimant Raito Detten, 9, a student, and his mother, claimant Alma Detten, were at the family home of Sean Fey and his wife, Chang Mi Fey, in San Clemente. While Ms. Detten and Ms. Fey were in the kitchen talking, Ms. Detten heard the Feys’ dog bite Raito, who sustained to his face. In lieu of filing a lawsuit, Raito and his mother sought recovery from the Feys’ insurance provider, USAA. The Dettens alleged that the Feys, as owners of the dog, were strictly liable under California’s dog bite statute., Raito sustained multiple wounds to his face, including bite marks (puncture wounds) to the right cheek, a bite mark (puncture wound) to the left eyebrow, a laceration of his eyelid, and a large full thickness laceration across the nose. He also sustained a severed tear duct to his left eye. Raito was taken to a hospital’s emergency room, where his wounds were treated and he had the lacerations surgically repaired with sutures. He then consulted with an ophthalmologist about the severed tear duct. Raito has some residual scarring, though it continues to fade with time. The scarring does not affect movement in his face. However, Raito may wish to undergo scar revision surgery in the future, depending on how his healing progresses. He will also require re-wetting drops or dry-eye medication for his left eye due to the injury to the tear duct. Raito sought recovery of $17,930.13 for past medical expenses and an unspecified amount for future medical expenses. He also sought recovery of damages for his past and future pain and suffering. Since Ms. Detten heard the attack, she claimed she suffered emotional distress. However, she does not have any residual emotional distress symptoms. Ms. Detten sought recovery of damages for her past emotional pain and suffering as result of the Feys’ negligent infliction of emotional distress.
COURT
Matter not filed, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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