Elizabeth Xintarianos has filed a negligence and strict liability complaint against David Wiggins in the Superior Court of California, County of Ventura. The case, identified as 2024CUPPO24767, was officially filed on May 14, 2024.
According to the court documents, Elizabeth Xintarianos alleges that on July 4, 2022, she was attacked by an unleashed dog while walking her own dog outside her home at 6684 Clear Springs Road in Simi Valley, California. The attack reportedly caused bruises, lacerations, and other injuries to her extremities and abdomen. Furthermore, the unleashed dog pushed both Xintarianos and her dog down a hillside adjacent to her driveway where the attack continued, resulting in additional injuries.
Xintarianos asserts that David Wiggins is the owner of the aggressive dog and resides nearby at 6677 Clear Springs Road. She also claims that multiple neighbors have previously filed complaints with animal control regarding this same dog's aggressive behavior. The complaint includes allegations against unnamed defendants (Does 1-10) who are believed to have owned or controlled either the premises or the dog involved in the incident.
The plaintiff accuses Wiggins and the unnamed defendants of negligence for failing to confine or control the dog despite its known vicious nature. This alleged negligence includes not warning Xintarianos about the dog's potential danger and violating California's dog bite statute (Civil Code §3342), which imposes strict liability on dog owners for injuries caused by their pets.
Xintarianos seeks various forms of relief from the court including compensation for past and future economic damages related to medical expenses and other costs incurred due to her injuries. She also demands non-economic damages for pain and suffering, mental anguish, emotional distress, and physical pain resulting from the attack. Additionally, she requests prejudgment interest on any awarded damages as well as coverage for legal costs associated with bringing this suit.
Representing Elizabeth Xintarianos is Gregory L. Kirakosian from Kirakosian Law APC. The case will be presided over by judges from Ventura Superior Court under Case ID: 2024CUPPO24767.