Pulley v. Malek

I agree with the majority’s conclusion that a directed verdict for appellee on the issue of liability is inappropriate. However, I must dissent from the majority’s discussion and conclusions as to the assumption of risk issue because it ignores the continuing existence of the common-law defense even after the statutory creation of strict liability.

R.C. 955.28 makes it clear that someone who is injured by. a dog because that person was tormenting or abusing the dog cannot hold the owner liable for such injury. It follows that a directed verdict in favor of a plaintiff in such a case is…