Settlement After Man Bitten by His Own Dog
Attorney Howard Kitay obtained a $100,000.00 settlement for a 41 year-old man who was bitten on the right hand by his own dog. Mr. Kitay’s client was visiting his sister’s house with his dog. A neighbor’s Rottweiler broke through a restraining fence and attacked the dog. Mr. Kitay’s client was standing between the two dogs, and, while trying to separate them, was bitten in the right hand by his own dog. Following the attack, he was treated in the Hospital Emergency Room, and required surgery on his hand.
Howard Kitay filed a claim with the Homeowners Insurance Company of the owner of the Rottweiler. The claim was denied. He then filed a lawsuit in San Diego Superior Court, East County Division, and demanded $100,000.00 to settle the claim. At a court-ordered settlement conference, the judge agreed with Mr. Kitay and recommended the insurance company settle the case before trial. The insurance company refused. On the eve of trial, however, the Homeowner’s Insurance Company agreed to pay the $100,000.00 policy limit to Mr. Kitay’s client.