Scott v. Gordon

PEARSON, Judge.

This plaintiff climbed on a fence, jumped and landed on a dog. He broke his leg and then sued the dog owner upon the theory that the dog injured him. The plaintiff’s testimony on deposition was that when he jumped, the dog was not there but that as he was coming down to the ground, the dog suddenly appeared underneath his feet. The trial judge entered a partial summary judgment for the plaintiff holding the dog owner absolutely liable under Florida’s ancient “damage [done] by dogs” statute, Fla.Stat. § 767.01.

We feel that the trial judge was premature in his determination of…