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$941,348.00

THOMAS v. SOSA; NEVARES;DEL SOL PROP. MGT.

LASC Case #BC398586 Dept. 15, Judge Fruin


Facts:

On 11-03-2006 plaintiff Postal Carrier Thomas had delivered mail to Burns Ave., in Los Angeles owned and managed by Landlord Defendants, DEL SOL PROPERTY MANAGEMENT; NEVAREZ when a large German Sheperd mix dog “Browny” owned by Tenant Defendants SOSA jumped on plaintiff walking by on the sidewalk. Due to the 80 lb. size of the dog, plaintiff fell backwards fracturing his right wrist.

Contentions:

Defendant property owner claim no prior actual notice of vicious propensities of dog claiming dog owner (in default and uninsured) was solely responsible pursuant to Dog

Bite Statue; Plaintiff claimed Defendant property-owner was negligent in maintaining the gate from which “Browny” had broken thru which caused the injuries.


Injuries: Right distal radius and ulnar styloid fracture with deformity.


Damages: Medical, $24,558.50 Wage Loss $16,800.00

Pain & Suffering:

$900,000.00


Mediation: Demand

$225,000.00

Plaintiff’s Experts: Dr. Richard Polsky, Ph.D. (Animal Behavior Expert)

Dr. Kevin M. Ehrhart, M.D. (Testified for by Videotaped Deposition in Lieu of Live Testimony)


Defendant’s Expert:

Dr. Charles Lane, M.D. (Not called)


Comments:

The Jury found both defendant’s liable, however apportioned on 12% to the defaulted dog owner Sosa, who had lived in the house for thirty years and fell on the sword by testifying the dog got out of the gate because she alone forgot to lock it; the gate had a chain with a padlock. Trial Attorney Silvio Natale successfully argued there was no self locking latch/post for gate to close due to landlord’s negligence, who was found 100% liable for economic damages and 88% liable for pain and suffering.


Conclusion:

Judgment for plaintiff against Defendant property owner totals $833,358.50

Judgment for plaintiff against Defendant dog owner totals $149,358.50

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NELSON & NATALE
Injury Accident Attorneys
5550 W. Manchester Ave.
Los Angeles, CA 90045
(310) 641-8300