Durham v. Mooney

Smith, Judge.

William and Cora Durham brought suit against Charles Mooney to recover damages for personal injury, punitive damages, and loss of consortium incurred when Mooney’s dog bit William Durham. The trial court granted Mooney’s motion for summary judgment, and this appeal ensued. We find that because Mooney successfully negated at least one essential element of the Durhams’ case, the trial court properly entered summary judgment in favor of Mooney. We therefore affirm the judgment.

The record shows that Mooney bought his Rottweiler dog, Malik, in 1994. He had previously owned two other…