A severe dog attack has led to a legal battle in Ventura County, as a mother and her injured daughter seek justice for the traumatic incident. On July 16, 2024, Kinsley Nunez, represented by her guardian ad litem Mindy Nunez, and Mindy Nunez individually, filed a complaint against Blanca Soto and Armando Soto in the Superior Court of California, County of Ventura.
The case revolves around an incident that occurred on July 23, 2023. According to the complaint, Kinsley Nunez was severely bitten by a dog owned by Blanca and Armando Soto while she was visiting their premises at 185 Maynard Ave, Newbury Park. The attack left Kinsley with significant injuries to her face and mouth. Her mother, Mindy Nunez, who witnessed part of the attack, is also claiming emotional distress due to the traumatic event.
The plaintiffs allege multiple causes of action against the defendants: strict liability under common law and statutory provisions, premises liability, general negligence, and negligent infliction of emotional distress. The complaint states that "Defendants harbored and kept the DOG that attacked and injured Plaintiff" and that they "knew or had reason to know that said DOG had a dangerous propensity." Furthermore, it is claimed that the defendants failed to take necessary precautions despite being aware of the dog's aggressive tendencies.
In terms of premises liability, the plaintiffs argue that the defendants were negligent in maintaining their property in a safe condition for visitors. They allege that Blanca and Armando Soto failed "to exercise due care in the ownership...and maintenance of the premises," thereby creating an unsafe environment which led to Kinsley's injuries. The doctrine of res ipsa loquitur is invoked to assert that such harm would not have occurred without negligence on part of the defendants.
The lawsuit seeks various forms of relief from the court including general damages for pain and suffering, special damages for medical expenses incurred due to the attack, costs associated with filing the suit, prejudgment interest on any awarded amounts, and any other relief deemed just by the court.
Representing Kinsley Nunez through her guardian ad litem Mindy Nunez and Mindy Nunez individually is attorney Jeffrey D. Wolf from Heimanson & Wolf LLP.
The case has been assigned Case No.: 2024CUPP027036.