Plaintiff was invited to a party, but she opened the wrong door when she tried to exit the room to smoke. Plaintiff accidentally entered the garage of defendants. She was attacked by their pit bull, causing injury to her lips and chin. Despite her high blood alcohol, the plaintiff was not found to be negligent.
Plaintiff was present at a party in defendants’ yard on July 19, 2009. She was drinking with all the other guests. The neighbors made a noise complaint and the party was moved inside the house. Plaintiff wanted to smoke so she went to the grandmother’s bedroom. However, she accidentally opened the wrong door and entered a garage where the pit bull of the defendants attacked her. Four-and-a half hours after the attack, plaintiff’s blood alcohol was.189.
Case Details
- Case Name: Paulette Morales v. Lizet Medina, et al
- Court and case number:San Diego Superior Court Vista/ 37-201100555607
- Judgment or Verdict Date: Wednesday, January 9, 2013
- Date Action Filed: Monday June 20, 2011,
- Types of Action: Dog Bites
- Judge/Arbitrator(s), Hon. Robert Dahlquist
- Plaintiffs: Paulette Morales, 19, Costco Associate
- Defendants:Lizet Medina, Fidel Medina, Alma Medina
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $120,000
- Economic Damages$7,500: past medical.Future medical. $15,000
- Non-Economic Damages: $97,500
- Jury Deliberation: 2.5 Hours
- Jury polls: 9-3 for damages; 9-3 for liability.
Personal Injury Lawyers
- Attorney for the PlaintiffCHASE by H. Gavin Long, Newport Beach
- Advocate for the DefendantLaw Offices Of Borton Petrini LLP, San Diego
Expert Witnesses
- Plaintiff’s Medical Experts Bruce Dubin M.D. Plastic Surgery, Newport Beach
- The Medical Experts of the Defendant: Ian Macyntire, Ph.D., toxicology, San Diego
Lawyers’ Closing Arguments
Plaintiff’s Contentions:The California Dog Bite Statute states that the defendants are strictly liable and that her intoxication was not a contributing factor to the injury.
Defendant’s Contentions:The plaintiff was negligent in her conduct and the plaintiff’s injuries resulted from the fact that she had been intoxicated.
Personal Injuries and Damages
- Plaintiff claims physical injuriesPlastic surgery is required for injuries to the lip and chin.
Special Damages
- Special Damages Claimed – Past Medical: $7,500
- Special Damages Claimed – Future Medical: $15,000
Demands and offers
- Plaintiff: SS998 Demand$300,000.
- Defendant SS998 Offer: $85,000
