Nature of Proceedings: Motion: Summary Judgment/Adjudication
Plaintiff Jose Torres is an employee of Michael Dempsey Painting. On February 3, 2011, defendant Maria Ward hired Michael Dempsey Painting to perform certain painting tasks at her home at 7423 Stanley Park Road in Carpinteria. On the day the painting tasks were to be performed, Mr. Dempsey escorted plaintiff to the backyard of defendant’s home to show him what needed to be done. As the two men stood in the backyard, which is fenced, defendant’s dogs, two black and white Jack Russell Terriers, suddenly attacked plaintiff, biting and scratching his legs. Defendant claims that she gave strict instructions to Mr. Dempsey and plaintiff, both in English and Spanish, not to enter the backyard where the dogs were contained. Plaintiff disputes this. The dogs’ attack on plaintiff was not the first time they had bit someone. A prior attack occurred in September 2010 and was the subject of a Bite and Quarantine Report is