Knapton v. Monk
Annotate this CaseKimberlee Johnson, who owned a home adjacent to a home owned by Travis and Misty Knapton, leased the downstairs portion of her home to Daniel and Cheryl Monk. At the time of the lease, Johnson knew that the Monks’ dogs of pit bull ancestry would be living with them. After the dogs bit the Knaptons’ daughter on the Knaptons’ property and later bit their other child in the Knaptons’ backyard, Travis Knapton brought this action against Johnson on behalf of E.K, alleging negligence and strict liability. Default judgment was entered against the Monks. The district court then granted summary judgment for Johnson on the ground that Johnson did not know the Monks’ dogs were vicious and that Knapton had not proved that mixed breed dogs with pit bull ancestry are inherently dangerous. The Supreme Court affirmed, holding that the district court did not err by granting summary judgment in favor of Johnson on the negligence claim and on the strict liability claim.
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