An employee of a utility company is attacked by a dog at the residence of a customer. Inability to work in jobs that require residential visits and PTSD.
Plaintiff was present at defendant’s Orinda residence on February 4, 2015, as a PG&E employee. Plaintiff was bit by a 90-pound German Shepherd in her lower buttocks. Plaintiff complained of PTSD and was forced to take nearly a full year off her job.
Case Details
- Case Name: Shannon M. Church v. Barbara J. Sarkis, et al.
- Court and case number: Contra Costa County Superior Court/MSC15-01238
- Judgment or Verdict Date: Thursday, January 19, 2017
- Date Action Filed: Friday July 10, 2015.
- Type of Action: Animal Encounter, Dog Bites
- Judge/Arbitrator(s), Hon. Steve Austin
- Plaintiffs: Shannon M. Church, 30, PG&E mapping coordinator.
- Defendants: Barbara J. Sarkis is a homeowner and dog owner.
- Type: Settlement at Test
Verdict and Settlement
- Award or Gross Verdict: $131.834.72
- Net Verdict/Award: $85,000 Settlement after verdict due to 998 or lien purchase deductions
- Economic Damages Past medical: $9797.72Future medical: $4,000Past wages: $97.637Future wages: $0
- Non-Economic Damages: Past pain and suffering: $20,000Future pain and suffering: $0
- Arbitration or Trial Time:10 Days.
- Jury Deliberation Duration:11/2 Days.
- Jury polls:11-1.
- Post-Verdict Settlements & Motions for Trial: Reduction per 998 $132,000 – $85,000
Personal Injury Lawyers
- Attorney for the Plaintiff Appel Law Firm, LLP by Joseph Appel, Esq. Walnut Creek
- Advocate for the Defendant McNamara and Ney by Thomas G. Beatty in Walnut Creek
Expert Witnesses
- Plaintiff’s Medical Expert(s).Vladimir Bokarius, M.D., psychiatry, San Mateo. Surrender Punia M.D., Pleasant Hill psychiatry. Gerald Marcus, LMFT PTSD Walnut Creek Sony R. Nathaniel LMFT, PTSD Manteca June G. Gonzales M.D., Walnut Creek, occupational medicine.
- The Medical Expert(s), Defendant: Howard J. Friedman, Ph.D., ABPP, neuropsychology, Walnut Creek.
- The Technical Experts of Plaintiff: Carol Hyland, vocational rehabilitation Lafayette Susan Jue, PG&E. Phillip H. Allman III, economics LLC, Oakland.
- Technical Expert(s), Defendant: None.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:The dog bite caused severe psychological trauma and future wage loss. Plaintiff could not perform any work that required him to visit homes.
Defendant’s Contentions:The plaintiff had long-term pre-existing mental and physical problems.
Personal Injuries and Damages
- Plaintiff claims physical injuries Bite, pain and suffering, scarring, sexual dysfunction, and frequent panic attacks are all part of PTSD.
Special Damages
- Special Damages Claimed – Past Medical: $9,797.72
- Special Damages Claimed – Future Medical: $4,000
- Past Earnings Lost Claimed:$140,000
- Claimed Special Damages – Future Loss Earnings:$1,000,000
Demands and offers
- Final Demand of the Plaintiff before Trial:$500,000
- Plaintiff Demand During Trial:$1,700,000.
- Defendant SS998 Offer: $150,000
Additional Notes
After a verdict of $132,000, the case was settled for $85,000. The 998 costs that defendant incurred as a result of a $150,000 CCP-998 were recovered by defendant.
