A $225,000.00 settlement in a dog bite case on behalf of a Spring Valley woman whose left hand was mauled by a golden retriever. Lead attorney was partner Vincent J. Bartolotta, Jr.

Plaintiff's Medical Expert Witnesses: Richard Stieber, Ph.D.

Defendant's Medical Expert Witnesses: William H. Davidson, M.D.

Defendant Insurance: USAA Insurance

Date, Time and Place of Incident(s): November 19, 2003, Spring Valley, California

Facts and Background:  
On the morning of November 13, 2003 Ms. Wallin was walking her Cocker Spaniel through her Spring Valley neighborhood. As she passed one of the houses, a golden retriever ran from inside the home toward Ms. Wallin and her dog. In a matter of seconds, the golden retriever lunged at Ms. Wallin, knocking her to the ground. As she tried to block the attack, she was savagely bit numerous times on her arm, shoulder and right forearm. Ms. Wallin's left ring finger was broken as a result of the fall and subsequent attempt at shielding herself from the dog's crushing jaws.

Plaintiff's Contentions, Allegations:
Ms. Wallin brought this action pursuant to California's 'Dog Bite Statute', Civil Code 3342(a). Ms. Wallin was attacked on a public sidewalk and thus defendants were strictly liable for her injuries. Defendants had seen aggressive tendencies in the dog before and by retaining the dog may have been subject to a claim for punitive damages.

Injuries and/or Damages:
Ms. Wallin received emergency room treatment for deep lacerations, abrasions, bruises and puncture wounds. Surgery was required to repair Ms. Wallin's left ring finger wherein a plate and six screws were implanted. Ms. Wallin subsequently suffered from a post-surgical rash which required further medication and treatment. Ms. Wallin required twelve of weeks physical therapy, an additional 12 weeks of home exercise, and second surgery for removal of the plate and screws to improve the condition of her left finger. Ultimately, Ms. Wallin suffered permanent disfigurement of her left hand. Ms. Wallin treated with Dr. Robert Stieber regarding the emotional trauma she suffered from the incident. Dr. Stieber diagnosed Ms. Wallin with depression and post-traumatic stress disorder as a result of the attack.

Defense: Defendants did not dispute liability.

Specials: PAST MEDICAL: $31,972.64; FUTURE MEDICAL: $9,500.00; LOST EARNINGS $5,500.00

Settlement Amounts: $225,000.00

Verdict or Award: $6,687,192.00

Other Verdict Details: CJ Resorts found 100% negligent

Length of Trial: Five Days

Jury: Deliberated three hours

Jury Polled: 12-0

Attorney for client: Vincent J Bartolotta, Jr.

Attorney for defendant: Bryce O. Willett FIRM: Law Offices of Bryce O. Willett

Individual Defendants:
A $225,000.00 settlement in a dog bite case on behalf of a Spring Valley woman whose left hand was mauled by a golden retriever. Lead attorney was partner Vincent J. Bartolotta, Jr.