Visitor brought personal injury action against dog’s owner, owner’s son, and dog’s keeper, seeking to recover for injuries sustained when dog bit him as he stood outside owner’s house waiting to take son on a planned outing.
The State Court denied visitor’s motion for summary judgment, and granted defendants’ motion. Visitor appealed.
The Court of Appeals held that:
- Fact issues existed as to whether dog’s owner knew of dog’s vicious propensity, and
- Fact issues existed as to whether county ordinance required that dog be restrained on leash at time of bite incident.