Sandoval v. Birx

Opinion by JUDGE TURSI In this action for damages sought on behalf of plaintiff David Sandoval, judgment was entered on a jury verdict for defendants, and plaintiffs appeal. We reverse. David, a thirteen-year-old, was an invited guest in defendants' home. Because of David's unease, defendants' son John restrained their dog while David ran into John's room. Although David never verbalized his fear of dogs to the defendants, he did nothing to provoke the dog. John obtained some pepperoni sticks and opened the door to hand one to David. At that time, the dog jumped into the room and bit David about the face and leg.