A shocking incident involving a dog attack has led to a legal battle in San Francisco. On July 29, 2024, Nur Marc Atash filed a complaint in the Superior Court of California, County of San Francisco, against the Danny & Aida Living Trust and its trustees, Danilo Castellon Manlangit and Aida Manlangit.
According to the court documents, Atash alleges that on August 27, 2023, he was lawfully visiting a property at 148 Montana Street in San Francisco when he was viciously attacked by a dog owned by the defendants. The plaintiff claims that the defendants were aware of their dog's dangerous propensities but failed to take necessary precautions to prevent such an incident. "Defendants took no reasonable steps prior to August 27, 2023, to remove or control the danger presented to other persons from bites and attacks by their dog," states the complaint. This alleged negligence is cited as a violation of Section 3342(a) of the California Civil Code.
The complaint details how Atash suffered severe physical injuries and emotional distress due to the attack. He required emergency medical care and continues to experience significant mental anguish. The plaintiff asserts that his injuries have also impacted his ability to work, resulting in lost wages and diminished earning capacity.
Atash's lawsuit includes two primary causes of action: strict liability and negligence. Under strict liability, he argues that the defendants are automatically responsible for his injuries because they owned and controlled the dog that attacked him. For negligence, Atash contends that the defendants breached their duty of care by failing to restrain their dangerous animal despite knowing its aggressive tendencies.
In terms of relief sought, Atash is asking for general damages exceeding the court's minimal jurisdictional requirements. He also seeks compensation for medical expenses incurred due to the attack, lost wages, loss of earning capacity, interest according to law, costs associated with bringing this action forward, and any additional relief deemed appropriate by the court.
Representing Atash in this case are attorneys Vache Thomassian and Caspar Jivalagian from KJT Law Group LLP.
The case has been assigned Case No: CGC-24-616822.