Skillet
Skillet
from the local carmel rag...
some stupid local news caster bitch and the stupid courts around here.
muy stupido.
this one is for zimm...
http://www.pineconearchive.com/100604PCA.pdf
insufficient evidence to warrant punitive
some stupid local news caster bitch and the stupid courts around here.
muy stupido.
this one is for zimm...
http://www.pineconearchive.com/100604PCA.pdf
Man won’t get new dog death trial
By KELLY NIX
T
HE DOG OWNER ordered to pay
$87,000 for the fatal attack on a local
anchorwoman’s Maltese has lost his bid for a
new trial.
Monterey County Superior Court Judge
Lydia Villarreal turned down a motion filed
by Donald Armstrong for a new trial over a
dog attack that killed KCBA and KION TV
anchorwoman Olga Ospina’s dog in 2007.
Ospina was walking her dog, Lulu, in
front of the P.G. post office when a Labrador
named Samson escaped from the partially
open window of Armstrong’s daughter’s Ford
Explorer and mauled Lulu. The dog died several
days later.
Ospina filed a civil suit against
Armstrong and his daughter, Donna Bazan,
the dog’s owner. After a trial in March, a jury
found Armstrong was negligent in the July
25, 2007, attack because he didn’t do enough
to stop it.
The jury awarded Ospina monetary damages
including $36,000 in punitive damages
and $7,500 for Ospina’s “future pain and suffering.”
In his motion for a new trial, Armstrong’s
attorney, William Gavin, argued there was
$87,000 for the fatal attack on a local
anchorwoman’s Maltese has lost his bid for a
new trial.
Monterey County Superior Court Judge
Lydia Villarreal turned down a motion filed
by Donald Armstrong for a new trial over a
dog attack that killed KCBA and KION TV
anchorwoman Olga Ospina’s dog in 2007.
Ospina was walking her dog, Lulu, in
front of the P.G. post office when a Labrador
named Samson escaped from the partially
open window of Armstrong’s daughter’s Ford
Explorer and mauled Lulu. The dog died several
days later.
Ospina filed a civil suit against
Armstrong and his daughter, Donna Bazan,
the dog’s owner. After a trial in March, a jury
found Armstrong was negligent in the July
25, 2007, attack because he didn’t do enough
to stop it.
The jury awarded Ospina monetary damages
including $36,000 in punitive damages
and $7,500 for Ospina’s “future pain and suffering.”
In his motion for a new trial, Armstrong’s
attorney, William Gavin, argued there was
insufficient evidence to warrant punitive
damages, arguing a jury must find malice, fraud or oppression
— not merely gross negligence — in order for such
damages to be awarded.
Gavin also contends the jury award was more than
Armstrong could bear financially.
Bazan was across the street at a coffee shop while
Armstrong was in the passenger seat engaged in a cell-phone
conference call when the attack occurred. Bazan and
Armstrong live in Ranchos Palos Verdes and were visiting
Pacific Grove at the time.
Ospina’s dog, Lulu, died at a Santa Cruz veterinary hospital
after being treated by a Pacific Grove vet. The anchorwoman
received a minor wound in the attack.
During the trial, Ospina testified she still has flashbacks
of the attack that a psychiatrist testified could last for years.— not merely gross negligence — in order for such
damages to be awarded.
Gavin also contends the jury award was more than
Armstrong could bear financially.
Bazan was across the street at a coffee shop while
Armstrong was in the passenger seat engaged in a cell-phone
conference call when the attack occurred. Bazan and
Armstrong live in Ranchos Palos Verdes and were visiting
Pacific Grove at the time.
Ospina’s dog, Lulu, died at a Santa Cruz veterinary hospital
after being treated by a Pacific Grove vet. The anchorwoman
received a minor wound in the attack.
During the trial, Ospina testified she still has flashbacks