Curlee v. JohnsonAnnotate this Case
In this dispute over whether a landlord was liable for harm caused by his tenants' dog the Supreme Court affirmed the decision of the court of appeals affirming the trial court's grant of summary judgment for Landlord, holding that Plaintiff failed to show that a genuine issue of material fact existed for trial.
A seven-year-old boy was bitten by a dog owned by tenants of Landlord's property. Plaintiff brought this complaint against Landlord seeking to recover for the boy's injuries. The trial court granted summary judgment in favor of Landlord, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) there was insufficient evidence to support a claim that Landlord knew that the dog posed a danger before it bit the boy; and (2) therefore, Landlord was entitled to judgment as a matter of law.