Girl bitten by dog on owner's porch: Strict liability: Facial scarring: Structured settlement

Law Reporter, Jun 2001

Truong v. Fong, Cal., Alameda County Super. Ct., No. 822318-1, Jan. 15, 2001.

Truong, 8, was playing with a golden retriever on the porch of the dog's owner. The dog suddenly bit Truong on the face. She was left with a 1.5-inch scar on her left cheek that will require surgery to correct. Her past medical expenses totaled $5,000.

Truong sued the dog's owner, claiming strict liability under the state's dog bite statute, Cal. Civ. Code 3342. Defendant claimed that the statute did not apply because

plaintiff did not have permission to be on his property. He denied negligence on the ground that the dog had never bitten before.

The parties reached a structured settlement of $660,000, with a present value of $205,000.

Plaintiff's expert was Glen Lau, plastic surgery, Oakland, Cal. Defendant's expert was Edward Falces, plastic surgery, San Francisco, Cal.

Plaintiff's Counsel

*Otto Haselhoff, Los Angeles, Cal.

*Jeffery RK Neubarth, Los Angeles, Cal.