$300,000 Settlement in Dog Bite Case

COUNTY: Orange

COMPLETE TITLE OF PLAINTIFFS: Raito D.; Alma D.

COMPLETE TITLE OF DEFENDANTS: Sean F. and Chong M.

CASE NUMBER: N/A (INSERT MINOR’S COMP CASE #)

Complaint Filed: Not Filed

COURT: Orange County Superior Court

DATE OF SETTLEMENT: October 7, 2020

AMOUNT OF SETTLEMENT: $300,000.00

TYPE OF CASE: Dog Bite; Negligent Infliction of Emotional Distress

PLAINTIFFS’ ATTORNEYS:

Casey R. Johnson, Esq.

AITKEN✦AITKEN✦COHN

3 MacArthur Place, Suite 800

Santa Ana, CA 92707

Telephone: (714) 434-1424

Facsimile: (714) 434-3600

Email: casey@aitkenlaw.com

DEFENDANT’S INSURANCE:

USAA Insurance Company

P.O. Box 33490

San Antonio, TX 78265

DATE/TIME OF INCIDENT: July 11, 2019 at 7:00 pm.

LOCATION OF INCIDENT: San Clemente, California

PLAINTIFF AGE: 9 years old (Raito D.)

PLAINTIFFS’ OCCUPATION: Raito D. – Student

CASE DESCRIPTION:

On July 11, 2019, Raito D. and his mother, Alma D., were at the family home of your insured, Sean C F. and his wife, Chang F. While Alma D. and Chang F. were in the kitchen talking, Alma heard the Chang’s dog, Yoshi, viciously bite Raito. Raito suffered numerous injuries to his face, including bites/lacerations to his right cheek and eye area and nose.

PLAINTIFFS’ EXPERTS: None

PLAINTIFFS’ INJURIES:

Multiple wounds to his face, including puncture

wounds to the right cheek, puncture wound to the

left eyebrow, laceration of his eyelid, and a large

full thickness laceration across the nose

PLAINTIFFS’ CONTENTIONS AS TO LIABILITY:

Plaintiffs contended that Defendants, the owners of the dog that bit their son, was strictly liability under California’s dog bit statute. As Alma D. contemporaneously heard the attack, she maintained a viable claim for negligent infliction of emotional distress.

DEFENDANTS’ CONTENTIONS AS TO LIABILITY:

None – Policy limits were offered in response to the policy limit’s demand.

DEFENDANTS’ EXPERTS: None

FINAL RESULT: $300,000 Policy Limits settlement

MEDICAL SPECIALS: Plaintiff Raito D. claimed past medical expenses of $17,930.13 unknown future medical expenses.

LOSS OF EARNINGS: None claimed.

SUBMITTED BY: