Hawkins Parnell & Young Partner Andrew Blackburn Secures Trial Victory for San Diego Humane Society
September 6, 2023 (San Diego, CA) - Partner Andrew Blackburn, who represents nonprofit organizations, corporations/companies, small businesses and their employees in pre-litigation claims and civil actions, including cases arising out of elder abuse, negligence, product liability, personal injury, insurance, and premises liability, successfully represented the San Diego Humane Society against a claim brought by a plaintiff whose dog, after biting an elderly woman, was taken in by the San Diego Humane Society for a government mandated rabies quarantine period.
Upon seeing the dog's history of alleged bites, the Humane Society initiated a dangerous dog designation for plaintiff’s dog. Plaintiff was given the opportunity to request a hearing to contest the notice of intent to declare his dog dangerous or to satisfy dangerous dog criteria - including spaying - that would have allowed the return of his dog, however the plaintiff refused to have his dog spayed or to request the hearing. The Humane Society informed plaintiff of its intent to abate plaintiff’s dog, which would have transferred ownership and control of the dog to the Humane Society. Instead of complying with their requests, plaintiff filed a Complaint with the San Diego Superior Court, seeking an injunction and the return of his dog.
After a one-day bench trial before Judge Gregory W. Pollack of the San Diego Superior Court, Dept 71,where evidence was presented of three confirmed bites by plaintiff’s dog, including two on San Diego Police Officers, the Court enter a judgment for San Diego Humane Society, upholding its determination of a dangerous dog. The Court offered plaintiff the opportunity to satisfy the dangerous dog requirements and get his dog back, which during the trial was confirmed to be possible by San Diego Humane Society witnesses.