Woman suffers bite to leg, claims back injury from fall after dog attack. Interesting 998 offers.
- Case Name: Michele Martinez v. Laurinda Alves
- Court and Case Number: San Bernardino Superior Court / CIVDS1511908
- Date of Verdict or Judgment: Thursday, March 01, 2018
- Type of Case: Animal Encounter, Dog Bite
- Judge or Arbitrator(s): Hon. Donald Alvarez
Plaintiffs: Michelle Martinez
Defendants: Laurinda Alves
- Type of Result: Jury Verdict
- Gross Verdict or Award: $44,152
- Jury Deliberation Time: 4 days.
Attorney for the Plaintiff:
Ardalan & Associates by P. Christopher Ardalan and Christienne M. Valone, Woodland Hills.
Attorney for the Defendant:
Demler, Armstrong & Rowland by Bruce E. Sample and Remy J. Obas, Long Beach.
Plaintiff’s Medical Expert(s):
Ramin Rabbani, M.D., orthopedic surgery, Beverly Hills.
Defendant's Medical Expert(s):
Nicholas Elias Rose, M.D., F.A.C.S., orthopedic surgery, Newport Beach.
Jeffrey Lee Rosenberg, M.D., plastic surgery, Los Angeles.
Facts and Background
Facts and Background:
On September 17, 2013 plaintiff was jogging with her pet poodle (“Charlie”) in her neighborhood in Victorville. As she passed the home of defendant, the defendant’s pit bull (“Rocko”) attacked Charlie, knocked plaintiff to the ground several times and bit plaintiff on her right upper thigh.
Plaintiff contended that she suffered low back disc herniation and a severe puncture wound to her right thigh.
Defendant stipulated to liability, the dispute was over the extent of damages.
Defendant contended that while plaintiff suffered two puncture wounds on her thigh, for which she was treated at the emergency room, her complaints of pain in her low back and other body parts were not related to the subject incident. Additionally, defendant contended that plaintiff’s medical specials were inflated and exorbitant, as plaintiff failed to mitigate her damages by treating under her insurance, and instead, after retaining an attorney, was directed to a series of lien doctors.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Plaintiff suffered from a severe bite wound on her upper thigh, multiple facial lacerations, and claimed that she was diagnosed with herniated discs as a result of the attack.
- Special Damages Claimed - Past Medical: $23,152