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Plaintiff alleges negligence against dog owner following vicious attack

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Plaintiff alleges negligence against dog owner following vicious attack

State Court
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In a recent court filing, Brittany Anzel has lodged a complaint against Joseph Harry Allan Lister for negligence, negligence per se, and strict liability. The case was filed on May 15, 2024, in the Superior Court of California for the County of Santa Clara. Anzel's legal team includes Neama Rahmani, Houman Sayaghi, and David Navasartian from West Coast Trial Lawyers.

The complaint arises from an incident that occurred on June 24, 2023, at McP’s Taphouse Grill in South Lake Tahoe. According to the filing, Anzel was attacked by a white Siberian Husky named "Turbo," owned by Lister. The plaintiff alleges that she was lawfully present at the location when Turbo suddenly and without provocation bit her, causing severe injuries including loss of tissue and permanent facial scarring.

Anzel claims that Lister failed to control or restrain Turbo adequately. The dog was not under any form of restraint or control by a competent person at the time of the attack. Additionally, Lister did not warn Anzel about Turbo's dangerous tendencies despite knowing or having reason to know about them. This lack of control and failure to warn are central to Anzel's allegations of negligence.

The plaintiff also accuses Lister of violating local ordinances and state laws designed to prevent such incidents. Specifically, she cites El Dorado County Code sections regarding vicious dogs and leash requirements as well as California Civil Code §3342 which holds dog owners liable for damages caused by their pets. "Defendant's conduct violates California’s dog bite statute," reads the complaint.

Anzel is seeking both economic and non-economic damages in amounts exceeding $35,000. She requests compensation for past and future medical expenses, loss of earnings, loss of earning capacity, costs of suit, pre-judgment interest as allowed by law, and other relief deemed just and proper by the court.

Representing Brittany Anzel are attorneys Neama Rahmani (State Bar No. 223819), Houman Sayaghi (State Bar No. 313695), and David Navasartian (State Bar No. 315653) from West Coast Trial Lawyers APLC. The case is being overseen by Judge [Judge Name] under Case ID: 24CV439126.

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