Rowland v. Log Cabin, Inc.

WILBUR, Circuit Judge.

[¶ 1.] Ronald Rowland (Rowland) appeals the trial court’s grant of summary judgment in favor of Log Cabin, Inc. (Log Cabin). We reverse and remand.

FACTS

[¶ 2.] On January 7, 2001, Rowland was at the Log Cabin bar in Sioux Falls. Rowland had been drinking throughout the evening and was under the influence of alcohol. The same evening, Dennis Howard, Sr., (Howard) was also at the Log Cabin bar. Howard had been drinking that evening, and by all accounts, he was also intoxicated.

[¶ 3.] Howard allowed his dog Tyson to enter the Log Cabin. Tyson is an Akita and stands three…