Burgi v. East Winds Court, Inc.
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The Supreme Court affirmed the decision of the circuit court granting Landlord's motion for summary judgment on each claim brought by Tenant, holding that the circuit court did not err.
Tenant's minor son was attacked by a neighbor's dog near her home in Landlord's trailer court. Tenant brought this action against Landlord alleging two negligence theories and a breach of contract claim. The circuit court concluded that Landlord owed no legal duty to the child and, in any event, had no knowledge of the dog's alleged dangerous propensities. The Supreme Court affirmed, holding that the dog's attack on the child was not actionable as to Landlord because there was no duty that would subject it to liability.
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