Aitken Redesign

CASE DESCRIPTION:  A 9-year-old child was left alone with a quartered dog that had recently been surgically “debarked.”  The dog mauled the child inflicting severe injury to the child’s head and neck.  The child brought suit against the dog’s owner based on negligent supervision and strict liability against the dog’s owner.

RESULT:  $173,733.41 total settlement

Plaintiff was attacked by Defendant Denise R.’s dog.  Denise R. is the aunt of Plaintiff, Kathryn R.  This attack occurred at the house of Plaintiff’s grandmother, Rosetta R., where the dog was quartered at the time.  The dog had no history of aggressive behavior toward humans, but had recently been surgically “debarked” as a result of neighbors’ complaints.   This attack caused severe injury to Plaintiff’s head and neck that required the services of a plastic surgeon.  Plaintiff also suffered, as of this attack, post-traumatic stress disorder that required her to be under the care of a psychologist.

The owner of the dog, Denise R., was strictly liable pursuant to the dog bite statute. However, Rosetta R. denied all liability.  Plaintiff argued that Rosetta R. was liable for leaving a child unsupervised in the vicinity of an animal recently recovering from surgery.  With regard to damages Denise R. disputed the nature and amount of damages.

TYPE OF CASE:  Personal Injury; Bog Bite

INJURIES:  Plaintiff suffered severe injury to her head and neck requiring plastic surgery.  Also as result of the attack the child suffered from post-traumatic stress disorder.

DATE & LOCATION OF INCIDENT:  On 6/22/91 at 12252 Topaz Street, Garden Grove, California.

PLAINTIFF’S AGE:  9 at time of incident.

OCCUPATION:  Student

PLAINTIFF’S ATTORNEY:
Darren O. Aitken
AITKEN * AITKEN * COHN
For Plaintiff – Kathyrn R.

DEFENDANTS’ ATTORNEYS:
John A. Wellcome
WELLCOME, FEINMAN & APPLEGATE
For Defendant – Rosetta R.

Michael Moran
HOWARD, MOSS, LVEDER, STRICKROTH & WALKER
For Defendant – Denise R.

DEFENDANT INSURANCE CO.:
For Defendant Rosetta R. – Allstate Insurance Company
For Defendant Denise R. – Transamerica Insurance Group