Zarmina Folad Et Al. v. Quillco, LLC D/B/A The Bottle Shop At McEwen Et Al.Annotate this Case
Authoring Judge: Judge Arnold B. Goldin
Trial Court Judge: Judge Joseph A. Woodruff
This appeal concerns injuries allegedly caused by dogs running loose and the application of Tennessee Code Annotated section 44-8-413. Under this statute, the owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. Tenn. Code Ann. 44-8-413(a)(1). A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another. Id. The trial court granted summary judgment in favor of the Appellee/Defendant, an LLC, where the dogs had been kept prior to the incident, as to an alleged violation of section 44-8-413, holding that the Appellee/Defendant never assumed ownership of the dogs at the center of this dispute. For the reasons stated herein, we reverse the trial court’s entry of summary judgment on this issue.