Johnston v. Warendh

Agneta and Per-Olof Warendh filed suit against Lori Johnston and her brother, Robert Johnston, seeking damages for injuries Agneta Warendh sustained when she was attacked by two Rottweilers outside the home the Johnstons shared with Michelle Berndt. The trial court denied in part the Johnstons' motions for summary judgment, finding the existence of genuine issues of material fact as to whether the dogs were ""confined on the premises"" within the meaning of the local ordinance. The court granted their motions for partial summary judgment as to punitive damages and attorney fees. After granting the defendants' applications for interlocutory appeal, we affirm. When ruling on a motion for summary judgment, the party opposing the motion should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward that party. Lau's Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991); Moore v. Goldome Credit Corp., 187 Ga. App. 594, 596 (370 SE2d 843) (1988).