A.M. BY AMANDA M. ET AL. v. CAROL MASEK ET AL. - Articles

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A.M. BY AMANDA M. ET AL. v. CAROL MASEK ET AL.

Posted by: Azya Thornton on Sep 23, 2025

Court: TN Court of Appeals

Attorneys 1: Matthew Porter and John B. Bartels, Memphis, Tennessee, for the appellants, A.M., a minor child, Adam M. and Amanda M.

Attorneys 2: Andrew H. Owens, Memphis, Tennessee, for the appellees, Carol Masek, Kyle Lowery, and Samantha Lowery.

Judge(s): STAFFORD

The family of a child bitten by a dog appeal the dismissal of their lawsuit at the summary judgment stage. The trial court ruled that the plaintiffs failed to present evidence that the defendant owners knew or should have known of the dog’s dangerous propensities as required by Tennessee Code Annotated section 44-8-413(c)(1). The plaintiffs argue that (1) the trial court committed reversible error when it granted the defendants’ motion for summary judgment without a hearing; and (2) they presented sufficient evidence to create a dispute of genuine material fact as to whether the defendant owners should have known of the dog’s dangerous propensities. Discerning no reversible error, we affirm.

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