The People v. Flores
216 Cal. App. 4th 251
| Cal. Ct. App. | 2013Background
- Defendant Flores owned a large pit bull and was observed with the dog near the public sidewalk after an earlier dog fight involving the victim's Labrador.
- The elderly victim, Siemsen, was bitten on the left leg by Flores's dog during an incident on December 12, 2011.
- Police and animal control noted Blue's aggressive history, including prior unprovoked incidents and the dog's designation as potentially dangerous.
- Flores had previously received a June warning and later agreed in November to designate Blue as potentially dangerous, with ensuing restrictions.
- Defense presented testimony that Blue was tethered and that Luna initiated the confrontation; the defense claimed Flores exercised ordinary care.
- Defendant was convicted of misdemeanor/felony under Penal Code section 399(b) for keeping a mischievous animal without ordinary care, with sentencing suspended and probation imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of lack of ordinary care | Flores failed to act with ordinary care given Blue's propensities | Flores tethered and secured Blue; he acted reasonably under the circumstances | Substantial evidence supports lack of ordinary care |
| Whether Siemsen's injuries constituted serious bodily injury | Injuries were serious bodily injury under §399 with age/diabetes and follow-up care | Injuries healed without scar; not serious bodily injury | Substantial evidence supported serious bodily injury |
Key Cases Cited
- People v. Berry, 1 Cal.App.4th 778 (1991) (mischievous propensities and liability for negligent ownership)
- People v. Medlin, 178 Cal.App.4th 1092 (2009) (criminal negligence standard for ordinary care)
- People v. Escobar, 3 Cal.4th 740 (1992) (standard for determining serious bodily injury)
- People v. Kent, 96 Cal.App.3d 130 (1979) (concepts of great/serious bodily injury as factual determinations)
- People v. La Fargue, 147 Cal.App.3d 878 (1983) (definition of great bodily injury and lack of further definition)
- People v. Lee, 131 Cal.App.4th 1413 (2005) (self-defense considerations in animal attacks)
- People v. Wicker, 78 Misc.2d 811 (1974) (defense of self when confronted by a vicious dog)