Turner v. Irvin

Quillian, Presiding Judge.

The plaintiff filed an action for damages resulting from injuries he sustained when he was knocked off his motorcycle in a collision with defendant’s dog. The defendant’s motion for summary judgment was granted and this appeal followed. Held:

1. The trial judge did not err in granting defendant’s motion based on the finding that the defendant lacked knowledge of the animal’s propensity to do harm of the type which was inflicted. Carter v. Ide, 125 Ga. App. 557 (188 SE2d 275); McNair v. Jones, 137 Ga. App. 13 (223 SE2d 27).

2. "Where there is a lack of scienter even the…