A dog attack has sparked a legal battle in Sacramento, California. On July 26, 2024, Joanna Ramirez Vargas filed a complaint in the Superior Court of California, County of Sacramento, against Xianna Ramos and Roberto Armando Alvarado. The case centers around an unprovoked canine attack that left Vargas with severe injuries.
According to the complaint filed by Silva Injury Law, Inc., on behalf of Joanna Ramirez Vargas, the incident occurred on March 20, 2024. Vargas was assisting a motor vehicle collision victim on the side of the road when she was suddenly attacked by a dog owned and controlled by Ramos and Alvarado. The plaintiff asserts that both defendants knew or should have known about their dog's violent tendencies yet failed to take appropriate measures to prevent the attack.
The lawsuit outlines two primary causes of action: negligence and negligence per se under strict liability as defined by California Civil Code § 3342. "Defendants breached the duty of care owed to Plaintiff and negligently owned, controlled, restrained, trained, managed, were responsible for or otherwise acted carelessly," states the complaint. It further alleges that this breach directly led to significant physical injuries and emotional distress for Vargas.
Vargas claims that as a result of the attack, she sustained severe injuries affecting her health and well-being. She describes experiencing great mental, physical, and emotional distress due to these injuries. Moreover, she believes some of these injuries may result in permanent disability. In addition to general damages exceeding the court's jurisdictional minimums, Vargas is seeking compensation for medical expenses incurred from employing physicians and other healthcare professionals. She also anticipates future medical costs related to her ongoing recovery.
The second cause of action invokes California Civil Code § 3342(a), which holds dog owners strictly liable for damages caused by their pets' attacks regardless of prior knowledge about their viciousness. "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place," reads the statute cited in the complaint. By allowing their dog to bite Vargas while she was lawfully present at the scene assisting another individual, Ramos and Alvarado are accused of violating this statute.
In her prayer for relief, Vargas seeks multiple forms of compensation: general damages according to proof presented at trial; economic damages covering lost wages and loss of earning capacity; non-economic damages for pain and suffering; medical expenses already incurred as well as anticipated future costs; property damage including loss of use; prejudgment interest; and any other relief deemed just by the court.
Representing Joanna Ramirez Vargas is attorney Tanner E. Combs from Silva Injury Law Inc., based in Turlock, CA.
The case has been assigned Case No.: 24cyoOo.aaaz.