Kevin P. Kennedy (Defendants) [Defense Verdict]
In this matter, Plaintiff alleged that he was injured in a fall that he contends occurred after Defendants’ dog lunged at him and pushed him to the ground using his paws. Plaintiff was represented by Eric B. Freedus with the Law Offices of Eric Freedus. Kennedy & Souza was retained to represent both Defendants in this case.
Plaintiff, a licensed engineer, alleged injuries to his wrist arising out of a fall allegedly caused by Defendant’s dog. Prior to trial, an offer of $5,000 was communicated to Plaintiff by way of CCP Section 998, Statutory Offer. This Offer was rejected by Plaintiff.
This matter proceeded to trial wherein Plaintiff requested approximately $450,000 for both special and general damages arising out of this alleged incident. It was Defendants’ position that the subject dog never attacked Plaintiff and that the fall was as a result of Plaintiff tripping and falling while jogging.
The jury returned a verdict in favor of Defendants and Defendants were awarded costs in the approximate amount of $7,600.