Phiel v. Boston

Phipps, Judge.

Chad Phiel sued Russell Boston to recover actual and punitive damages for injuries sustained when he was attacked by Boston’s Rottweiler dog. To recover in a dog bite case, the plaintiff must show either that the animal was not “at heel or on a leash” as required by a local ordinance at the time of the incident or that the owner knew that the dog had the propensity to commit the act that caused the injury. At trial, the court granted Boston’s motion for directed ver diet on grounds that Phiel had made neither showing. Phiel appeals final judgment in favor of Boston. Finding…