Wood Smith Henning & Berman is proud to announce the achievement of a decisive appellate victory in a highly contested dog bite case involving a minor plaintiff and alleged damages reaching tens of millions of dollars. The California Court of Appeal granted the firm's petition for writ of mandate, directing the trial court to vacate its prior order denying summary judgment and to enter a new order granting the firm's motion for summary judgment in full.
This win fully exonerates the firm's clients- a property owner, property manager, and homeowners' association- who were sued after a tenant's pit bull bit a minor inside a condominium unit where both the plaintiff and dog owner resided as tenants. Throughout the litigation, plaintiff's counsel demanded as much as $18 million, later increasing its threats to $50 million if he prevailed at summary judgment.
Under California law, landlords cannot be held liable for injuries caused by a tenant's dog unless they had actual knowledge of the animal's dangerous propensities. WSHB demonstrated that no such notice existed. The trial court nevertheless denied summary judgment based on testimony from a maintenance manager that he had not seen the pit bull that caused the injury, finding that that testimony constituted a "false exculpatory statement" which created a triable issue of fact. The Court of Appeal rejected that reasoning and held that the defendants were entitled to judgment as a matter of law.
Of Counsel Nicholas Gedo was instrumental in securing this win, having authored both the original motion for summary judgment and the successful appellate filings. His work laid the legal and factual foundation that ultimately persuaded the Court of Appeal to intervene and correct the trial court's error.
Partners Steven Disharoon and Vanessa Herzog provided strategic guidance and recommendations throughout the appellate process.
"This result reinforces a foundational principle of California premises-liability law. Property owners and HOAs are not insurers of every injury that occurs on their premises," said Gedo. "Liability must be based on actual notice of a dog's dangerous propensities, and today's decision confirms that courts must apply that standard faithfully."
Disharoon added, "The Court of Appeal recognized that the trial court misapplied the law and misinterpreted key testimony. This ruling brings clarity and restores fairness to a case where the legal exposure was being driven by unreasonable demands rather than evidence."
The decision not only ends the litigation in favor of WSHB's clients, but it also neutralizes a case in which plaintiff counsel's assessment and negotiation posture were profoundly out of alignment with established law. The appellate ruling eliminates the threat of an eight-figure judgment and validates the defense team's unwavering commitment to principle over pressure.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
