Karen Sue Luster has filed a complaint for damages against Yvette Turcios, Erick Turcios, Luke Glaros, and Downer Estates Homeowners Association. The complaint was filed on May 20, 2024, in the Superior Court of California, County of Santa Clara. The case involves allegations of negligence, statutory liability under the dog bite statute, strict liability, and premises liability.
According to the court documents, Karen Sue Luster was attacked by a Pitbull on October 3, 2023, while she was near her property at 775 Delaware Ave Apt. 3 in San Jose. The plaintiff alleges that the defendants—Yvette Turcios, Erick Turcios, Luke Glaros, and Downer Estates Homeowners Association—owned and controlled the dog that caused her injuries. "Without warning or provocation," the complaint states, "the dog attacked and bit Plaintiff Karen Sue Luster, ripping the flesh out of her left buttock."
The plaintiff claims that the defendants were negligent in their duty to maintain a safe environment both on their property and concerning their pet. The lawsuit details how each defendant had control over the property and failed to exercise ordinary care to prevent such an incident from occurring. As a result of this alleged negligence, Luster has suffered substantial physical injuries as well as emotional and monetary damages.
In addition to negligence claims, Luster's complaint includes statutory liability under California Civil Code §3342(a), which holds dog owners liable for damages if their dog bites someone in a private place. The plaintiff asserts that all named defendants owned or controlled the dog at the time of the attack and are therefore responsible for her injuries.
Luster is seeking several forms of relief from the court. She requests compensation for past and future medical expenses related to her injuries as well as loss of earnings and earning capacity due to her inability to work following the incident. Additionally, she seeks non-economic damages for pain and suffering along with pre-trial and post-trial interest.
Representing Karen Sue Luster are attorneys Alivia Abreu and Patricia Mamac from Wilshire Law Firm PLC. The case has been assigned Case No.: 24CV439429 in front of Judge Pat M., Esq., reviewed by M. Bui.