(Kern County, CA.) (May 19, 2025)- WSHB is thrilled to announce that after a three-week jury trial in Kern County, a jury returned an extremely favorable verdict in favor of our client. The client and the carrier are extremely pleased with the result. The case was handled by partner Summit Dhillon over the last four years, with support from trial expert and fellow partner David Webster.
Plaintiff, a 61-year-old and 22-year veteran of the United States Postal Service, sued after sustaining serious lower leg injuries when he was attacked by an English Bulldog owned by the President and CEO of the client company. The company CEO brought the dog to the company offices one day, where it became aggressive after seeing the Plaintiff's mail truck. Despite alleged assurances from the dog owner that the Plaintiff was safe, the dog jumped from the truck bed and eventually attacked Plaintiff’s lower leg until he was pulled off and ultimately shot and killed by the dog owner. The entire incident was caught on CCTV by cameras located at the client company's premises.
Plaintiff underwent emergency compartment syndrome surgery the following day, followed by a three-week hospitalization as the Covid pandemic began in March, 2020. Plaintiff suffered numerous complications and surgeries, including infections, skin grafts, MRSA, sepsis, PTSD, etc. He eventually returned to work after 15 months with restrictions in the Summer of 2021 and conveniently claimed he was retiring at the end of trial. He further claimed lower back pain for the first time in January 2025, five years after the attack, and only after Plaintiff’s counsel referred him to a Beverly Hills-based neurosurgeon for a future lumbar fusion. Defense counsel argued the surgery recommendation followed by a lack of lower back pain complaints were indicative of an attempt to inflate the value of the claim.
In discovery and deposition, Plaintiff denied ever receiving dog safety training. At trial, he finally admitted to receiving the training when his own expert confirmed it was all but certain he had received such training, but claimed that tools and training provided were ineffective. On cross-examination, he criticized the USPS, which we emphasized in our Closing Argument as well as his return to work and continued work. As the entire incident was captured on surveillance footage, including the shooting of the dog, many jurors expressed shock at the footage as well as the recreations of the surgeries Plaintiff underwent.
Despite unfavorable jury instructions relating to claimed vicarious liability between the dog owner and his company (our client), our client was assigned only 5% fault. Plaintiff waived all economic damages before trial and only pursued non-economic damages because the economic damages were somewhat limited by the workers’ compensation payments for medical and wage loss and the future wage loss was similarly limited. WSHB believed Plaintiff’s counsel did not want to “anchor” down the non-economic damages, and he ultimately requested $35 million. Dhillon and Webster emphasized Plaintiff’s comparative fault for failing to observe his training and that Plaintiff’s return to work and lack of back pain only justified a total award of $1.5 million.
WSHB also disputed the claimed punitive damages, and the jury unanimously rejected that claim.
The final verdict award was $4 million, and our company client was assigned only 5%, or $200,000. Plaintiff was assigned 20% and the dog owner 75%. WSHB served a statutory offer in 2024 for $2 million. While there may be post-verdict disputes arising from the vicarious liability instructions and findings, the team intends to strenuously reject such arguments to increase the judgment and seek post-statutory offer costs.
"This result reflects the jury's careful consideration of the facts and underscores our position that the plaintiff bore significant responsibility for the outcome of the incident," said Dhillon. "We're proud to have helped the client achieve justice in a case where liability was aggressively contested and damages exorbitantly exaggerated."
"Our team worked tirelessly to ensure that the client's interests were protected and that that the jury saw through the inflated damages claims," added Webster. "We are proud of the outcome and prepared to defend the case through any post-trial proceedings."
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 42 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.