MCELDERY V. JOSEPH
Premises Liability/Dog Bite. The plaintiff was a Los Angeles County Sheriff Deputy who was teasing the homeowner’s pitbull over their retaining wall from the street. The off-duty cop underestimated the agility of the dog while waiving his hand over it to see how high it could jump. The dog could jump higher than he anticipated and it latched on to the deputy’s arm. The plaintiff insisted on damages of $25,000. The jury concurred with our assessment of the damages and awarded $5,000. The offer had been $7,500. The arbitrator’s award had been $12,500.