Joseph Michael Mathes v. Joan Nolan

Plaintiffs sued defendant, Joan Nolan, for personal injuries allegedly sustained by minor plaintiff, Joseph Mathes, as a result of being mauled by defendant's tenant's dog. The court entered a summary judgment for the defendant and plaintiffs appeal. We affirm. The tenant, David Wear, owned an Alaskan Malamute named Yukon. Allegedly, the dog lunged over the fence and pulled the minor plaintiff onto the rental premises inflicting permanent injuries. Defendant, Joan Nolan, was the owner of the property. Much of the material before the court on the motion for summary judgment involved the level of knowledge defendant had concerning the presence of Yukon on the property and the extent to which Yukon gave the appearance of a propensity for viciousness. Defendant did not reside on the premises leased.