Woman is injured by a dog bite and gets her leg bitten.
Plaintiff was out jogging in Victorville with Charlie, her pet dog. The defendant’s pit bull (“Rocko”) attacked Charlie as she was walking past the house. He knocked Charlie several times to the ground and bit plaintiff on the right upper thigh.
Case Details
- Case Name: Michele Martinez v. Laurinda Alves
- Court and case number: San Bernardino Superior Court/CIVDS1511908
- Judgment or Verdict Date: Thursday, March 01st, 2018
- Type of Action: Animal Encounter, Dog Bites
- Judge/Arbitrator(s),Hon. Donald Alvarez
- Plaintiffs: Michelle Martinez
- Defendants: Laurinda Alves
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $44.152
- Jury Deliberation Duration: 4 Days.
Personal Injury Lawyers
- Attorney for the Plaintiff Ardalan & Associates, Woodland Hills by P. Christopher Ardalan & Christienne M.Valone
- Advocate for the Defendant Demler, Armstrong & Rowland, Bruce E. Sample, Remy J. Obas, Long Beach
Expert Witnesses
- Plaintiff’s Medical Expert(s). Ramin Rabbani M.D., Beverly Hills, Orthopedic Surgery.
- The Medical Expert(s), Defendant: Nicholas Elias Rose, M.D., F.A.C.S., orthopedic surgery, Newport Beach. Jeffrey Lee Rosenberg M.D. Plastic Surgery, Los Angeles
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Plaintiff claimed that she had suffered a low back disc herniation as well as a puncture wound to her right leg.
Defendant’s Contentions: The defendant agreed to liability. The dispute was about the amount of damages. Plaintiff sustained two puncture wounds to her thigh. She was treated at an emergency room for these injuries. However, plaintiff’s complaints of pain in her lower back and other parts of her body were not connected to the incident. Plaintiff claimed that her medical specials were exorbitant and exorbitant because plaintiff did not treat her injuries under her insurance and was instead directed to a number of lien doctors after she retained an attorney.
Personal Injuries and Damages
- Plaintiff claims physical injuries Plaintiff sustained a severe bite wound to her upper thigh and multiple facial lacerations. She claimed she was also diagnosed with herniated disks after the attack.
Special Damages
- Special Damages Claimed – Past Medical: $23,152
Additional Notes
Per defense counsel:
Defendant submitted a CCP Section 998 offer for $50,000. Plaintiff’s counsel stated at the Mandatory Settlement Conference that they were willing to settle for $75,000, but later stated that they would not accept less than $100,000. Plaintiff claimed that defendant’s insurance had failed to offer its $100,000 policy limits and suggested that they assign the defendant’s rights of sue for bad faith in return for a covenant to not execute.
Plaintiff requested $1.2 million in damages at trial. She argued that plaintiff would need $68,200 to $84,500 for her future medical care. This includes annual epidural injections to treat her neck and back injuries.
The cost bill for the defendant is $21,178.69.
Per counsel for plaintiff:
Before trial, defendant sent a CCP Section 998 offer for $50,001. Plaintiff declined this offer. However, defendant was informed that plaintiff would settle the case before trial to get the $100,000 policy limit. This offer was rejected by defendant. Before closing arguments, defendant offered plaintiff an agreement between $100,000 and $20,000 that would be a low-ball offer. Plaintiff declined this offer. The jury awarded plaintiff $44,152.00 after nearly four weeks of trial. This includes $23,152.00 in past medical expenses and $21,000 in non-economic damages.
Plaintiff filed a cost bill for $9,542.72.
