A harrowing dog attack has led to a lawsuit that could have significant repercussions for the defendants involved. Rafael Lopez filed a complaint in the Superior Court of California, County of Santa Clara, on August 27, 2024, against A Marez Trucking Inc., Angel Marez Arellano, Leobardo Arellano, Adelina Marez, Jorge Gonzalez Marez, and Thompson Family Trust.
The incident in question occurred on August 27, 2022. Lopez alleges that while he was legally present at the property located at 1341 Archer St., Alviso, CA—owned by the Thompson Family Trust—a large black dog named Junior attacked him without provocation. The dog allegedly bit Lopez multiple times on his chest and right upper extremities. According to the complaint, this attack resulted in severe injuries including puncture wounds and lacerations that required extensive medical treatment such as diagnostic imaging, lab work, stitches, vaccinations, and antibiotics. The injuries were so severe that Lopez had to consult both an orthopedic specialist and a hand surgeon.
Lopez's legal filing accuses the defendants of strict liability and negligence. He claims that the defendants failed in their duty to control their dog properly. "As a direct and proximate result of the attack upon Plaintiff's person by Defendants’ Dog," reads the complaint, "Plaintiff sustained severe injury to his body and person." The plaintiff further alleges that these injuries have led to ongoing physical pain and emotional distress. He can no longer be around dogs without feeling panicked and suffers from recurrent nightmares about the incident.
In addition to physical injuries, Lopez asserts that his quality of life has been significantly diminished. He struggles with daily activities such as showering, getting dressed, brushing his teeth, doing laundry, taking out the trash, washing his car, and even playing with or taking care of his children due to the pain in his hand. Furthermore, he experiences frequent stress headaches and fatigue throughout the day.
The lawsuit also points out that the defendants were aware or should have been aware of their dog's dangerous propensities but failed to take necessary precautions. This alleged negligence is supported by references to several California state laws including Cal. Civ. Code §3342.5 and various sections of both Santa Clara County Code of Ordinances and San Jose Code of Ordinances.
Lopez is seeking general, special, actual, and compensatory damages exceeding $25,000 for medical expenses incurred due to past treatments as well as anticipated future treatments. Additionally, he seeks compensation for lost earnings and loss of future earning capacity due to his injuries.
Represented by attorney Daniel D. Geoulla from B&D Law Group APLC based in Los Angeles; Lopez has demanded a jury trial for this case identified as Case No. 24CV446067 in front of Judge L Ayala.