Plaintiff trips, breaks arm while fleeing from defendant's escaped dog. $300K. Alameda County.

Summary

Dog gets loose and appears in neighbor's back yard; plaintiff claims the dog jumped the fence.

The Case

Case Name: Converse v. Adkins
Court and Case Number: Alameda Superior Court / RG21109307
Date of Verdict or Judgment: Monday, April 28, 2025
Date Action was Filed: Monday, August 16, 2021
Type of Case: Animal Encounter
Judge or Arbitrator(s): Hon. Sarah Sanford-Smith
Plaintiffs:
Gail Converse
Defendants:
Norman Adkins and Patricia Adkins
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $300,000
Net Verdict or Award: Seeking $107,000 in prevailing party costs, interest per 998, and expert fees per 998.
Award as to each Defendant:
$300,000 joint and several against individual dog owners.
Contributory/Comparative Negligence: None.
Economic Damages:
Waived.
Non-Economic Damages:
Past: $150,000 (pain, restricted motion, and disrupted daily activities)

Future: $150,000
Trial or Arbitration Time: 7 days
Jury Deliberation Time: 1 day
Jury Polls: 11-1 on damages, 10-2 on liability
Post Trial Motions & Post-Verdict Settlements: Motion to amend judgment to include prejudgment interest under Civil Code § 3291 and CCP § 998 and expert witness fees under CCP § 998.

The Attorneys

Attorney for the Plaintiff:
Law Office of John J. Roach by John J. Roach, San Francisco.
Attorney for the Defendant:
Jeanette N. Little & Associates by Michael J. Dodson, Los Gatos.

The Experts

Plaintiff's Medical Expert(s):
William Montgomery, M.D., orthopedic surgery.
Defendant's Medical Expert(s):
Robert Purchase, M.D., orthopedic surgery.
Plaintiff's Technical Expert(s):
Nicole Snebold, animal behavior.

Facts and Background

Facts and Background:
On December 9, 2020, while sunbathing in her Hayward backyard, plaintiff was startled when defendants' pit bull mix, Rosie, jumped a 5-6 foot fence. Fleeing, plaintiff tripped on a step, fracturing her right humerus and damaging the capsule of her shoulder. No dog contact occurred.

No surgery was performed, despite being recommended, but chronic symptoms persist.
Plaintiff's Contentions:
Plaintiff contended that defendants were negligent, negligent per se for violating an Alameda statute for a dog running at large on private property, and that plaintiff's non-economic damages were worth $2.1 million.
Defendant's Contentions:
Defendants denied liability, claiming Rosie never jumped the fence, that plaintiff was comparatively at fault, and asked for a defense verdict.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Greater tuberosity fracture of humerus, damage to shoulder capsule, frozen shoulder, impingement of the shoulder.

Special Damages

Special Damages Claimed - Past Medical: None
Special Damages Claimed - Future Medical: None
Special Damages Claimed - Past Lost Earnings: None
Special Damages Claimed - Future Lost Earnings: None

Demands and Offers

Plaintiff §998 Demand: $300,000
Defendant §998 Offer: $75,000

Additional Notes

One defendant's impeachment for inconsistent statements bolstered plaintiff's case. The jury rejected comparative fault, finding defendants liable for failing to supervise Rosie.

Insurer: State Farm