LA Jury Rejects Postmates Delivery Driver’s Dog Bite Lawsuit

Romero Fernandes do Espirito Santo v. Matilde Bello, et al.

Case Background

On November 19, 2021, Romero Fernandes Do Espirito Santo filed a personal injury lawsuit against Matilde Bello and Luis Bello after their dog allegedly bit him while Santo was delivering food to their house. The dog bite lawsuit was filed in the California Superior Court, Los Angeles County. Judges Eric Harmon, Karen Moskowitz, Michael B. Harwin, and Michelle C. Kim presided over this case. [Case Number: 21STCV42798]

Cause

On October 15, 2020, at approximately 2:45 p.m., Plaintiff Romero Fernandes Do Espirito Santo arrived at the Defendants Matilde Bello and Luis Bello’s residence to deliver food through Postmates. As he approached, Defendants' dog suddenly attacked him without warning, biting his lower leg. Allegedly, Plaintiff was just fulfilling the delivery request and did nothing to provoke the dog. He had no reason to expect aggression from the animal. The complaint stated that the Plaintiff later learned that Defendants owned the dog at the time of the attack. He also discovered that they knew—or should have known—that the dog had a history of aggression and posed a danger to others. Despite this, they allowed the animal to remain unrestrained or in the care of someone incapable of handling it. Their negligence created a serious risk of injury or death to the public. Despite awareness of the dog's dangerous tendencies, Defendants allegedly failed to take precautions. They did not