Justia Animal / Dog Law Opinion Summaries

The case revolves around an incident that occurred during the 2018 Kentucky Derby. Joi Denise Roby and her husband were invited by Kyle McGinty to the backside stable area of Churchill Downs, a restricted area not open to the public. Roby, who had experience with horses, interacted with the horses in their stalls, including a stable pony named Henry. Henry, owned by Bradley Racing Stables and William Buff Bradley, was used to escort racehorses to and from the track, but was not actively engaged in this activity on the day of the incident. As Roby approached Henry in his stall, he lunged and bit her. Roby subsequently sued Bradley and Churchill Downs for breaching their duty to maintain a safe premises.The Jefferson Circuit Court granted summary judgment in favor of Bradley and Churchill Downs, holding that the Farm Animals Activity Act (FAAA) exemption did not apply to Churchill Downs because the stabling of a horse was a farm animal activity, not a horse racing activity. The court also ruled that Roby was a licensee because she conferred no benefit to Churchill Downs and no evidence in the record supported a breach of duty. The Court of Appeals reversed the trial court orders granting summary judgment for Bradley and Churchill Downs, finding that the horse racing exemption applied because live racing was occurring, Roby was injured after being bitten by a horse located on the premises, and the horse was used to escort racehorses to and from the track.The Supreme Court of Kentucky reversed the Court of Appeals' decision, holding that the FAAA horse racing exemption did not apply to Roby's injuries. The court reasoned that while horse racing activities were occurring at Churchill Downs during the Kentucky Derby, neither Bradley, Churchill Downs, nor Roby were engaged in horse racing activities at the time Roby was bitten. The court also held that Louisville Metro Code of Ordinances § 91.028(A), which imposes liability for any personal injury caused by an animal, did not apply to Roby's injuries due to the FAAA's limitation of liability. View "Bradley Racing Stables, LLC v. Roby" on Justia Law

The case involves a wrongful-death action initiated by Veronica Edwards and Corey D. Hatcher, Sr., following the death of Corey Demills Hatcher, Jr. The deceased died from injuries sustained when his vehicle collided with horses on a road. The plaintiffs sued the owners of the horses, Kimberly Johnson Crowder and Carole A. Phillipsen, as well as Southern Sportsman Hunting Lodge, Inc., its owners, and the McCurdy Plantation Horse Association, which hosted a trail ride on Southern Sportsman's property. The plaintiffs alleged that the defendants failed to use proper fencing to corral the horses, leading to the accident.The Lowndes Circuit Court entered a summary judgment in favor of the defendants. The court determined that the plaintiffs' wrongful-death claim was the exclusive remedy available under Alabama Code § 3-5-3(a), which provides a cause of action against livestock owners who knowingly or willfully place their animals on a public highway. The court found that the plaintiffs failed to produce substantial evidence to support their claim that the defendants knowingly placed the horses on the highway.On appeal, the Supreme Court of Alabama affirmed the circuit court's judgment. The court clarified that § 3-5-3(a) creates a cause of action that did not exist at common law, rather than shielding certain defendants from liability. The court found that the plaintiffs failed to present substantial evidence that the defendants knowingly placed the horses on the highway, as required by § 3-5-3(a). Therefore, the plaintiffs could not pursue any cause of action against the defendants. View "Edwards v. Crowder" on Justia Law

In the early morning of January 26, 2019, Simranjit Singh was driving a truck on Interstate 80 in Cass County, Iowa, when he hit a cow that had wandered onto the road. Singh was injured and his truck was damaged. The cow, owned by defendant Michael McDermott, was killed. Singh sued McDermott for negligence, claiming that McDermott was negligent in letting his cow wander onto the highway.McDermott moved for summary judgment, arguing that there was insufficient evidence to show that he was negligent. The district court granted McDermott's motion and Singh appealed. The Iowa Court of Appeals affirmed the district court's decision, and Singh sought further review from the Supreme Court of Iowa.The Supreme Court of Iowa affirmed the decisions of the lower courts, noting that the record did not contain sufficient evidence to support a finding of negligence by McDermott. The court clarified that the mere presence of a cow on the highway, without more, does not establish negligence on the part of the cow's owner. The court explained that the common-law duty of cattle owners is a "duty of ordinary care," such as the care an "ordinarily prudent and careful farmer exercises under like circumstances" to keep cows out of the highway.In this case, the court found no direct or circumstantial evidence of negligence on the part of McDermott, noting that there was no evidence of any unmended defects in his fence or that he failed to secure a gate. Singh's contention that the mere presence of the cow on the highway constituted "prima facie evidence" of negligence was rejected as this regime was a product of a now-repealed statute. The court also rejected Singh's reliance on the doctrine of res ipsa loquitur, finding that there was no evidence that a cow would not have escaped "in the ordinary course of things" if McDermott had used reasonable care. View "Singh v. McDermott" on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing the trial court's partial denial of Defendant's motion for summary judgment in this dog bite case, holding that a genuine issue of material fact existed, precluding summary judgment.Defendant in this case was a deputy sheriff and K-9 handler who hosted a cookout for friends at his home. Plaintiff, who attended the cookout, was bitten by Defendant's canine partner, Xyrem. Plaintiff brought suit, asserting a common-law negligence claim and a claim under Ohio Rev. Code 955.28, which imposes strict liability for injuries caused by a dog in certain situations. The trial court granted Defendant's motion for summary judgment in part, determining that Defendant was immune from liability under section 955.28(B). Defendant appealed the denial of summary judgment on the negligence claim. The court of appeals reversed, holding that, as a matter of law, Defendant was not manifestly acting outside the scope of his employment or official responsibilities during the evening of the dog bite. The Supreme Court reversed, holding that reasonable minds could differ regarding whether Defendant was manifestly acting outside the scope of his employment during the events leading up to Plaintiff's injury. View "Harris v. Hilderbrand" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Defendant and dismissing Plaintiffs' complaint seeking to recover damages for the emotional distress they allegedly suffered when their dogs died after becoming entangled in Defendant's snares, holding that there was no error.In his motion for summary judgment, Defendant asserted that Plaintiffs' emotional distress were not compensable because dogs are considered property. The district court granted the motion. The Supreme Court affirmed, holding (1) under Wyoming law, dogs are property; (2) while Plaintiffs might be entitled to emotional damages for their own injuries, the impact rule did not extend their recovery to emotional damages caused by the dogs' death; and (3) Plaintiffs' argument that recovery for emotional distress damages should be allowed when animate property is negligently harmed is best made to the legislature. View "Cardenas v. Swanson" on Justia Law

Plaintiff Ann Samolyk sustained neurological and cognitive injuries when she entered a lagoon in Forked River to rescue her neighbors’ dog, which had fallen or jumped into the water. Samolyk’s husband filed a civil action against defendants, alleging they were liable under the rescue doctrine by negligently allowing their dog to fall or jump into the water, prompting Samolyk to attempt to save the dog. Neither the Law Division nor the Appellate Division found the doctrine applicable. The issue presented for the New Jersey Supreme Court's review reduced to whether the common law rescue doctrine could be expanded to permit plaintiffs to recover damages for injuries sustained as a proximate result of attempting to rescue defendants’ dog. After reviewing the "noble principles that infuse the public policy underpinning this cause of action," the Supreme Court declined to consider property, in whatever form, to be equally entitled to the unique value and protection bestowed on a human life. The Court nevertheless expanded the rescue doctrine to include acts that appear to be intended to protect property but were in fact reasonable measures ultimately intended to protect a human life. Judgment was affirmed. View "Samolyk v. Berthe" on Justia Law

The issue this case presented for the Vermont Supreme Court's review was whether a landlord who had no knowledge that a tenant’s dog had dangerous propensities could be held liable for injuries the dog causes to individuals who enter the property with tenant’s permission. Plaintiff Katherine Higgins, who was badly injured by a tenant’s dog while on the leased property, challenged the trial court’s grant of summary judgment to defendant landlords. When he was showing the house on landlords’ behalf after tenant moved in, a realtor who was representing landlords in marketing the property observed obvious signs around the house that a dog lived there, including door casings that were badly scratched by the dog. The realtor did not see the dog and did not know its size or breed or whether it had ever acted aggressively towards any person or other animal; based on the sound of the dog, he opined that it was “tough and loud.” Plaintiff, a neighbor, was attacked and seriously injured by tenant’s dog, an American Pitbull Terrier, while visiting tenant on the rental property. On appeal, plaintiff renews her argument that landlords have a general duty of care to the public, and that this duty includes a duty of reasonable inquiry concerning tenants’ domestic animals. In addition, she argues that landlords were on notice of the dog’s dangerous propensities on the basis of the observations made by realtor, acting as landlords’ agent. Finally, she contends that landlords are liable to plaintiff on the basis of a municipal ordinance. Finding no reversible error in granting summary judgment to the landlords, the Supreme Court affirmed the trial court. View "Higgins v. Bailey" on Justia Law

Susan Franciere appealed a district court judgment granting the City of Mandan’s motion to dismiss for lack of personal jurisdiction due to insufficient service. In 2017, Franciere and her dog were attacked by a dog in Mandan. Days later, she went to the Mandan Police Department, asserted her rights under Article I, section 25 of the North Dakota Constitution, and requested a copy of the police report on the incident under the open records law. Franciere called the police department and was informed the dog was undergoing a 10-day rabies quarantine. Thereafter, Franciere sent a letter to the chief of police requesting the police report. On August 22, 2017, she received a phone call from a police lieutenant who told her she would not receive the report because the case was still active and no information would be released until the case was closed. In September 2017, she contacted the city attorney about the incident. Then in October, Franciere filed this action against the City, alleging violations of the North Dakota Constitution and the open records law. Franciere received a redacted report of the incident from the police department on November 1, 2017. On January 13, 2018, she received an unredacted report from the police department. On November 14, 2018, Franciere filed a motion for summary judgment. The district court declared Franciere’s action moot and dismissed it with prejudice. It declined to rule on Mandan’s motion to dismiss for insufficient service of process and lack of personal jurisdiction. The North Dakota Supreme Court vacated the district court’s judgment and remanded for determination of Mandan’s motion to dismiss for insufficiency of service of process and lack of personal jurisdiction. Upon reconsideration, the district court granted the City's motion to dismiss with prejudice. Franciere argued Mandan waived its personal jurisdiction claims, the district court improperly dismissed the case with prejudice, the district court erred when it denied her motion to compel discovery, and the district court judge was biased against her. The Supreme Court modified the judgment for dismissal without prejudice, and affirmed as modified. View "Franciere v. City of Mandan" on Justia Law

Plaintiff Andrew Pankey (Andrew) filed a products liability claim against Petco Animal Supplies, Inc., after his son Aidan contracted a rare bacterial infection from a rat purchased at Petco. Aidan later died as a result of complications related to his infection. Andrew alleged, among other things, that Petco was strictly liable for injuries resulting from the sale of the pet rat, which he argued was a product for purposes of strict products liability. The trial court instructed the jury on negligence under ordinary negligence and negligent failure-to-warn theories, as well as three theories of strict products liability: (1) failure to warn, (2) manufacturing defect, and (3) design defect under a risk-benefit test. The jury returned verdicts in favor of Petco. On appeal, Andrew contended the trial court erred by refusing to instruct the jury on an alternative strict liability design defect theory, the "consumer expectations test." He argued there was sufficient evidence from which the jury could have concluded the pet rat purchased from Petco failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. The Court of Appeal affirmed, finding a live pet animal sold in its unaltered state was not a product subject to the design defect consumer expectations theory of strict products liability. The Court therefore did not reach a conclusion regarding applicability of the consumer expectations test or the prejudicial effect of its exclusion. View "Pankey v. Petco Animal Supplies, Inc." on Justia Law

In late 2015, Michael Charnota was walking his dog “Katie,” who was leashed, in front of his residence in Paulding County, Georgia when a dog later identified as “Tucker” attacked and killed Katie. When Charnota carried Katie into his home, Tucker followed and attacked Charnota, seriously injuring him. Prior to the attack, Tucker had been kept on the premises of S&S Towing & Recovery, Ltd., which is located approximately 1,000 feet from Charnota’s residence and owned by Timothy and Paula Seals. On the day of the attack, Tucker had apparently escaped from the S&S Towing lot and was not on a leash or under the control of a person as required by the Paulding County Code. Charnota filed a complaint for damages against the Sealses, individually, and S&S Towing (collectively “S&S Towing”). Charnota asserted several causes of action, including a claim for liability under OCGA 51-2-7. The Georgia Supreme Court granted an interlocutory appeal in this case, expressing particular concern about whether the second sentence of OCGA 51-2-7, which provided that an animal running at large in violation of a local “leash law” was considered a “vicious” animal, violated procedural due process. On the facts of this case, the Court concluded that it did not, and remanded this case for further proceedings. View "S&S Towing & Recovery, Ltd. v. Charnota" on Justia Law