Summary Judgment in Dog Attack Case Partially Reversed by Western Section - Articles

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Posted by: Kreis White & Christy Gibson on Sep 27, 2012

GEORGE WOODSON and FLORA WOODSON v. MEG CAPITAL MANAGEMENT, INC., ET AL.
Court: TN Court of Appeals

Attorneys:

Stephen C. Barton, Edd Peyton, LaKeisha Sisco-Beck, Memphis, Tennessee, for the appellants, George Woodson and Flora Woodson

Stephen C. Barton, Edd Peyton, LaKeisha Sisco-Beck, Memphis, Tennessee, for the appellants, George Woodson and Flora Woodson

Judge: HIGHERS

Plaintiff was seriously injured during a dog attack by his neighbors’ two dogs. Plaintiff sued, among others, the neighbors’ landlord and an employee of the landlord. The trial court granted summary judgment to the defendants, determining that although the defendants retained sufficient control over the leased property, they lacked notice or knowledge of the dogs’ vicious propensities. We find a question of fact exists regarding defendants’ notice or knowledge of the dogs’ vicious propensities. We affirm in part and reverse in part and we remand for further proceedings.

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