S&S Towing & Recovery, Ltd. v. CharnotaAnnotate this Case
In late 2015, Michael Charnota was walking his dog “Katie,” who was leashed, in front of his residence in Paulding County, Georgia when a dog later identified as “Tucker” attacked and killed Katie. When Charnota carried Katie into his home, Tucker followed and attacked Charnota, seriously injuring him. Prior to the attack, Tucker had been kept on the premises of S&S Towing & Recovery, Ltd., which is located approximately 1,000 feet from Charnota’s residence and owned by Timothy and Paula Seals. On the day of the attack, Tucker had apparently escaped from the S&S Towing lot and was not on a leash or under the control of a person as required by the Paulding County Code. Charnota filed a complaint for damages against the Sealses, individually, and S&S Towing (collectively “S&S Towing”). Charnota asserted several causes of action, including a claim for liability under OCGA 51-2-7. The Georgia Supreme Court granted an interlocutory appeal in this case, expressing particular concern about whether the second sentence of OCGA 51-2-7, which provided that an animal running at large in violation of a local “leash law” was considered a “vicious” animal, violated procedural due process. On the facts of this case, the Court concluded that it did not, and remanded this case for further proceedings.