Ashby vs. Belinsky

Case Background

On March 4, 2020, Plaintiff Susan M. N. Ashby | Valdo Colomba filed a Dog Attack  lawsuit in the California State, Contra Costa County, Superior Court (Case number: MSC20-00464). Judge Clare Maier and John P Devine presided over the case.

Cause

On July 21, 2019, Susan Ashby and her dog Roxy were walking near their Monte Vista Ridge Road home in Orinda, California. Roxy was leashed and harnessed. Vladimir and Georgia Belinsky’s 10-year-old, 16-17 pound Chihuahua mix, Bartok, was unleashed and unsupervised. Bartok ran aggressively toward Ashby and Roxy from the Belinskys’ property. In response, Roxy pinned Bartok. Valdo Colombu, who was nearby in his truck, attempted to help separate the dogs.

Vladimir Belinsky then ran from his garage wielding a steel circular saw. He struck Roxy over 25 times on her head, neck, shoulders, and back. Belinsky did not attempt to calm the situation or retrieve his dog. During the assault, Bartok bit Colombu multiple times on his right hand and upper left thigh.

After the dogs were separated, Belinsky continued to yell obscenities and threats. He aggressively approached Colombu, shoving him in the chest twice while still holding the saw. Belinsky lunged at Colombu a third time as Colombu retreated.

On July 23, 2019, Contra Costa County Animal Services informed Belinsky that video surveillance showed Bartok initiated the incident. Despite this, three days later, the Belinskys began posting false and misleading information on the social media platform Nextdoor. These posts reached up to 10,000 members. They published Ashby and Colombu’s home addresses and photos, encouraging neighbors to sign declarations to have Roxy removed or euthanized. The final Animal Services report concluded that Bartok violated local ordinances by being off-leash and provoking the incident. Roxy did not violate any ordinances.

Injuries

Roxy suffered multiple injuries to her head, neck, shoulders, and back from being struck repeatedly with the saw. The assault required ongoing veterinary care and treatment.

Valdo Colombu sustained multiple puncture wounds from Bartok’s bites to his right hand and upper left thigh. These bites punctured his jeans. He also suffered a T7 spinal compression fracture from falling backward onto rocks at the edge of the Belinskys’ property. In the weeks following, Colombu developed severe, ongoing pain in his left wrist, causing mobility issues. These injuries significantly impacted his ability to work as an artist. He depends on his hands and spine to create his work.

Susan Ashby sustained abrasions, cuts, and bruises to her arms and legs. She fell on her tailbone on the asphalt during the incident. Both Ashby and Colombu suffered emotional distress, fear, anxiety, humiliation, and embarrassment from the incident and the defamation campaign.

Damages

The plaintiffs suffered significant damage to their personal and professional reputations. The Belinskys’ false and misleading social media posts further harmed them. The public dissemination of their home address and photos caused them to fear for their safety.

The plaintiffs sought compensatory damages for medical expenses, veterinary expenses, lost income, emotional distress, pain and suffering, and loss of enjoyment of life. They also demanded punitive damages, costs, and attorney’s fees. They claimed general, special, and consequential damages exceeding $100,000.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Susan M. N. Ashby | Valdo Colombu
    • Counsel for Plaintiff: Robert G. Cummings| Mark S. Skeels
  • Defendant(s): Vladimir A. Belinsky | Georgia L. Belinsky
    • Counsel for Defendants: Thomas T. McCormick, Esq.

Claims

The complaint alleged the following causes of action:

Defamation: The Belinskys knowingly published false and damaging statements about the plaintiffs on social media.

False Light: The Belinskys portrayed the plaintiffs in a false and misleading light, causing significant reputational harm.

Negligence: The Belinskys failed to control their dog and acted unreasonably during and after the incident.

Intentional Infliction of Emotional Distress: The Belinskys’ actions were outrageous and intended to cause severe emotional distress.

Malicious Prosecution: The Belinskys filed a baseless small claims action against the plaintiffs in December 2019. They knew they were at fault.

Trespass to Chattel: Vladimir Belinsky intentionally harmed the plaintiffs’ property (Roxy) by attacking her with a circular saw.

Conversion: Vladimir Belinsky substantially interfered with the plaintiffs’ property rights in Roxy.

Battery: Vladimir Belinsky intentionally and offensively touched Valdo Colombu by shoving him in the chest.

Defense

The defendants, Vladimir and Georgia Belinsky, denied all allegations and damages claimed by the plaintiffs, Susan M. N. Ashby and Valdo Colombu. The defendants raised multiple affirmative defenses. They argued that the complaint failed to state a cause of action. They claimed their actions were not a substantial factor in causing the alleged injuries. Furthermore, they argued that the plaintiffs waived their right to assert claims due to their own knowledge and actions. The Belinskys also asserted that the plaintiffs consented to their conduct. Additionally, they claimed that any non-performance was excused by the plaintiffs’ non-performance.

Other defenses included unclean hands, lack of due diligence, contributory negligence, and comparative fault. The Belinskys argued that the plaintiffs’ acts or omissions caused their alleged damages. They also claimed that any injuries resulted from intervening factors or others’ actions. The defendants asserted that the plaintiffs’ claims were barred by estoppel and laches and that they failed to mitigate damages. Lastly, the Belinskys argued that they owed no duty of care to the plaintiffs. They also claimed the plaintiffs acted in bad faith.

Jury Verdict

On August 21, 2024, the jury found Vladimir Belinsky’s conduct outrageous in a Dog Attack lawsuit. They determined that he either intended to cause Valdo Colombu emotional distress or acted recklessly. He disregarded the probability that Colombu would suffer emotional distress. Belinsky knew Colombu was present when the conduct occurred. However, the jury concluded that Colombu did not suffer severe emotional distress.

Regarding damages awarded to Susan Ashby, the jury found Vladimir and Georgia Belinsky liable for:

  • Economic damages for past medical expenses: $86,000.
  • Economic damages for injury to a pet – costs of treatment: $8,500.
  • Non-economic damages for past and future physical pain, mental suffering, loss of enjoyment of life, physical impairment, grief, emotional distress, anxiety, and inconvenience: $15,000.

The total damages awarded to Susan Ashby amounted to $109,500.

Court Documents:

Available Upon Request