The family of two children in San Diego claimed a USPS mail carrier repeatedly and maliciously pepper-sprayed their family dog, which resulted in their two young children developing asthma.
SAN DIEGO (CN) — U.S. District Judge Janis Sammartino ruled in favor of the federal government Thursday on claims two young children developed asthma after a U.S. Postal Service mail carrier pepper sprayed their dog.
The Galindo family, who live in San Diego’s border community of Otay Mesa, said mail carrier Nestor Medina maliciously pepper-sprayed their small, white poodle mix, Pupa, on numerous occasions starting in the fall 2018 and March 2019. As a result, they say their children, Alfoncito and Regina, then ages 1 and 3, developed asthma.
The family said their children developed harsh respiratory illnesses during that time period, and they asked the court to award them $800,000 in damages, or $400,000 per child, for past and future harm to Alfoncito and Regina.
Sammartino disagreed.
“Having duly considered the testimony and evidence admitted at trial and the law, the court hereby finds that plaintiffs have not met their burden of establishing, by a preponderance of the evidence, that Nestor Medina’s pepper-spraying of their family dog caused them to develop asthma. Accordingly, the court finds in favor of the defendant,” Sammartino wrote in a 13-page order.
During the trial, the family’s attorneys presented numerous home surveillance videos they say depicted Medina walking up to the front gate of the house and dropping off the mail while simultaneously pepper-spraying Pupa through a gate. In many of the videos, the dog appears to convulse and writhe in pain after Medina’s visits.
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