Kathren v. Olenik

Plaintiff, through her guardian ad litem, seeks recovery for personal injuries sustained when she was bitten by defendants dog. The trial court granted defendants motion for involuntary nonsuit on the ground that there was no evidence of defendants knowledge of their dogs propensity to bite. Plaintiff appeals the judgment, asserting that there was sufficient evidence to submit three issues to the jury: (1) strict liability in tort for owning and possessing a vicious animal; (2) negligence for failure to confine or control the dog; and (3) negligence per se for violating the Washington County dog control ordinance. We affirm.