Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
Plaintiff, KERRIE RICH, hereby submits the following Mediation Brief:
I. BACKGROUND
At the time of the dog attack, attorney Kerrie Rich was 45-years-old. She was in good health, and was an attorney of 20 years working at various locations. She was married and resided with her husband, Robert, in Sacramento, California. She was an athlete who ran, trained for triathalons, and worked out daily.
II. THE INCIDENT
On March 17, 2006, plaintiff was out for her daily walk next to her home in a cul de sac,
when “Franz,” a dog belonging to defendant, Paul Stevens, came running, growling with teeth showing at Ms. Rich. The dog aggressively charged Ms. Rich and tried to bite her arms and legs. In the attack, Ms. Rich was knocked to the ground, landing on her back and buttocks.
Ms. Rich reviewed the pictures of the defendant’s dog, Franz, and provided to plaintiff by defendant. Ms. Rich confirmed that this was the dog that attacked her. In plainitff’s fax she states:
“This is the dog that attacked me.”
III. LIABILITY
This is a case of clear liability. The dog Franz has a history of violent behavior. On April 22, 2004, Paul Stevens signed a Vicious Dog Notification pursuant to Sacramento Municipal Code 7-125 (herein after referred to as “SMC 7-125”) and was cited for violation of SMC 7-124 (Dogs running at large – Unlawful). Defendant was advised that this dog must be chained and kept confined at all times. The animal control report by F. Dobales dated April 22, 2004, stated in part:
“A black lab is loose and chased the R/P. I observed a black lab loose in the street in the 3600 block of Stern Way. The dog would not allow me to get out of the truck. It was charging me aggressively.”
On December 30, 2004, defendant was cited for violation of SMC 7-125 and 7-129 (Dogs over a certain age – permit required). The Animal Control Report by F. Dobales stated in part:
“I observed a black lab loose on Stern Way east of Wendy Dr.[Ms. Rich lives on Wendy Dr.]. I observed the dog go after a female jogger and almost bit her. I followed the dog to 2501 Stern Way. The gate to the back yard was open and the dog ran into the back yard.” (See Part 2 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.