Vandeven v. Seabaugh

GARY M. GAERTNER, Presiding Judge.

Plaintiff-appellant brings this appeal from the trial court’s order sustaining defendants’ motion to dismiss Count II of plaintiff’s petition. The sole issue on appeal is whether RSMo § 578.009 (1986), which statute provides that it is a misdemeanor to commit animal neglect, creates an implied civil cause of action for injuries arising out of a dog bite. Finding appellant’s argument to be without merit, we affirm.

Plaintiff's petition alleged that on September 3, 1986, plaintiff was riding a bicycle on the public highway in front of defendants’ residence and…