Case: Animal Attack
Counsel: Salvatore DeSantis and Robert Von Hagen
Result: Summary Judgment Granted Motion Dismissed in Favor of Landowner
This matter arose from an incident in which the plaintiff alleges she was knocked to the ground by two dogs, as she was walking on the sidewalk adjacent to our client’s premises, sustaining injuries. Our client owned a vacant lot which was leased to a co-defendant during the time of the incident. On the date of the incident a co-defendant, friend of the lessee, opened the doors of his vehicle, releasing two dogs onto the sidewalk without using any restraints. The dogs allegedly attacked the plaintiff and knocked her to the ground. MSD submitted a Motion for Summary Judgment on the grounds that our client did not own, maintain, supervise, or control the dogs at any time, and the incident in question did not occur within the Premises. The Court dismissed the complaint and cross claims against our client finding that our client was merely the out of possession owner of a property near where the incident occurred.