Jack Denove

Friday, October 29th, 2021 // From 1:30pm to 5:00pm

Subject: Wrongful Death Dog Mauling

3 hr Case Analysis

Biography

Litigation is a battle; a trial is a war. Jack’s philosophy in law as in life is best summed up by a quote of Winston Churchill: “Never give in. Never, Never, Never, Never.” That philosophy has served him well by giving him the drive to become a Junior Golden Gloves boxing champion, a third degree black belt in Shotokan Karate, and to receive the honor of Trial Lawyer of the Year.For forty years, Jack Denove’s goal has been to become the best trial lawyer he can be. As a California trial attorney, Jack has tried more than 100 civil cases before a jury. He has been invited to and has lectured to both attorneys and physicians. These lectures include such topics as trial practice, medical malpractice, insurance bad faith, products liability and premises liability.
He holds the designation of Diplomate, the highest rank of the American Board of Trial Advocates. He is a past President of the Los Angeles chapter of the American Board of Trial Advocates. He is a past President of the Italian American Lawyers Association, a past President of the Consumer Attorneys Association of Los Angeles and a past President of the Cowboy Lawyers Association. He has been on the Board of Governors and on the Executive Committee of numerous trial lawyer associations, including the Litigation Section of the Los Angeles County Bar Association and the Consumer Attorneys of California.
Jack has been honored by Loyola Law School, Los Angeles with the Champion of Justice Award 2017. The Champion of Justice Award honors those who make significant
contributions to the civil justice system. To read more abuot the Champion of Justice award, visit the Loyola Law School website.
He has been formally recognized as one of the attorneys who assisted the task force in the preparation of the Judicial Council of California CACI jury instructions. He is a member and was appointed to serve a two year term on the Judicial Council of California’s Civil and Small Claims Advisory committee. Advisory committees are standing advisory groups created by rule of court or the Chief Justice to make recommendations and offer policy alternatives to the Judicial Council for improving the administration of justice within their designated areas of focus.
Jack has been selected by the Consumer Attorneys Association of Los Angeles as a prestigious member of the Plaintiff Trial Academy (PTA) Faculty to teach trial practice to other attorneys. Jack is highly respected by other attorneys and has received several public endorsements and referrals from other attorneys.
As a medical malpractice attorney, Jack has successfully represented clients for over 35 years throughout California in several types of medical malpractice and medical negligence cases, including wrongful death, birth injuries, misdiagnosis, surgical errors, emergency room errors, medication errors, nursing errors and other types of medical negligence.
Jack has helped clients whose insurance claims have been wrongfully denied, or their insurance coverage canceled without merit. When an insurance company is sued for bad faith, it has the money to hire the best defense attorneys. Jack believes the victim of insurance bad faith has the right to an attorney with at least as much experience. With his knowledge of insurance practice, Jack levels the playing field for his clients by aggressively defending his client’s rights. He and his partners and associates have successfully handled insurance bad faith cases against numerous insurance companies. Jack Denove IALA President He was selected by his peers to be included in The Best Lawyers in America, in the specialty of Personal Injury Litigation. He is recognized as one of the Top 500 Plaintiff Attorneys in the United States by LawDragon. The Los Angeles Trial Lawyers Association voted Jack as Trial Lawyer of the Year. He has also been selected to the list of Super Lawyers of Southern California every year since 2005. He is rated AV Preeminent by Martindale- Hubbell.*

Case Analysis Details

“Fear v. City of Exeter”

Voir Dire, Opening Statement, Closing Argument, & Rebuttal

In August 2015, Officer Geiger applied for a position to become a K-9 officer at the Exeter Police Department. He was accepted and given Neo, a Belgian Malinios, to be his partner. After a few weeks of bonding, Geiger and Neo began training in narcotic detection. For Neo, that training entailed that he learn to hunt down, bite, & hold onto a suspect. After completing that training, he and Neo performed routine patrols using what they had learned. Although Geiger had agreed to remain a K-9 officer for three years, because of his allergies, he left after 8 months. It is a routine practice that if a K-9 cannot bond and partner with another officer, they are to be put down. This did not happen in Neo’s case, Geiger was allowed to keep him as a personal pet. One day while Geiger was at work, Neo escaped from his home and mauled a 65-year old man and attacked an 85-year old woman. The man, David, lost 50% of his circulating blood supply. The woman, Betty, suffered a pelvic fracture and shattered her shoulder in four places when she was knocked to the ground by the dog. The Fear family filed a wrongful death lawsuit and Betty filed a personal injury lawsuit against Exeter. Because of discretionary immunity, the only viable claim was a failure to warn.

The defense argued that the training Geiger received provided him with sufficient knowledge that:

  1. A K-9 can never be untrained
  2. A retired K-9 can never be treated as a pet
  3. A retired K-9 must be kept kenneled and not let out except when in the direct control of the officer.
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