Appellate Court Overturns $20 Million Verdict in Dog Bite Lawsuit

An appellate court overturned a decision after a San Luis Obispo County jury awarded $20.8 million to an elderly woman injured and the family of a man killed in a 2016 Grover Beach dog attack lawsuit. According to the lawsuit, on December 12, 2016, dogs belonging to a Grover Beach officer chewed through a fence, broke loose, and attacked a 64-year-old man and an 85-year-old woman. The man died shortly after the attack. The elderly woman survived despite suffering a fractured skull, broken pelvis, broken shoulder, and dog bites to her torso.

The Belgian Malinois that was determined to be the more aggressive dog in the attacks served as a police dog on the K-9 unit and served the Exeter Police Department. Authorities later euthanized the dog following the attack.

The defendant was hired by the Exeter Police Department as an officer in 2014. After just one year on the force, the department assigned the officer a K-9 trained to attack. According to the lawsuit, the dog had some training and behavioral issues while serving as a police dog. The officer left Exeter to join the Grover Beach police force in 2016. The same month, the officer purchased the Belgian Malinois from the city and the dog served as his personal pet.

The 85-year-old woman died in 2023. She endured persisting shoulder injuries and suffered a stroke that an expert witness testified was the result of the attack.

In 2019, the officer was charged with two felony counts alleging that he did not maintain control of his animal and a third count of manslaughter. He was found not guilty of the charges.

Following a civil trial that lasted a month, a jury found that the Exeter Police Department did not properly train the officer on how to safely secure his retired police dog. The retired K-9 was not supposed to be treated like a pet. Instead, it was supposed to be kenneled anytime the officer wasn’t around.

Jurors found that Exeter authorities were negligent in how they trained the officer to care for the retired police dog. The jury also found that the officer shared some responsibility for the attack. Jurors ultimately awarded $13.8 million to the 85-year-old woman and $7 million to the 64-year-old man who died in the attack. The jury unanimously voted in favor of the plaintiffs in this case.

In the most recent turn of events, an appeals court ruled that the officer and the individuals who were supposed to train him on how to care for the dog were not liable for the attacks. The appeals court overturned the jury’s verdict. The families have issued statements that they were devastated by the decision and plan on appealing the matter to the California Supreme Court.

Talk to an Oakland, CA Dog Bite Lawyer Today 

Venardi Zurada files lawsuits on behalf of those who have been injured in dog attacks. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin investigating your claims immediately.

Source:

calcoastnews.com/2024/02/appellate-court-overturns-20-8-million-award-in-dog-attack-case/