A dog attack in San Jose has led to a lawsuit filed by the victim, who claims severe injuries and negligence on the part of the dog's owner. On June 21, 2024, Miaoliu Zhen filed a complaint in the Superior Court of California, County of Santa Clara, against Anna Comesana and unnamed defendants.
According to the complaint, on January 23, 2024, Zhen was delivering correspondence near Comesana's residence when Comesana opened her door, allowing her unleashed dog to rush out and attack Zhen. The plaintiff alleges that Comesana and other unnamed defendants were negligent in their duty to control their dog and failed to warn others about its vicious tendencies. "Defendants so negligently and carelessly allowed their dog to run outside of their residence and viciously attack and bite the Plaintiff," reads the complaint.
Zhen's legal team argues that Comesana violated local leash laws designed to prevent such incidents. The complaint cites San Jose County Municipal Code Title 7, Sec. 7.40.040 which mandates that dogs must be confined or under control on a leash not exceeding six feet in length. Additionally, Civil Code §1714 states that everyone is responsible for injuries caused by their lack of ordinary care or skill in managing their property or person.
The plaintiff sustained serious personal injuries from the attack, including lacerations, scarring, and hyperpigmentation. Zhen asserts that these injuries have resulted in significant medical expenses and ongoing pain and suffering. The complaint further alleges that Comesana knew or should have known about her dog's dangerous propensities but failed to take necessary precautions.
In terms of relief sought, Zhen is asking for general damages according to proof at trial, special damages including medical expenses, costs of suit incurred, prejudgment interest, and any other relief deemed just by the court.
The case is being handled by attorneys Zhiming (David) Wang and Esteban Sanchez from Pacific Coast Trial Law Firm. The case ID is 24CV441702.