Coley ex rel. Coley v. Hendrix

The majority, relying on Kent v. Sims, 460 So.2d 144 (Ala.1984), White v. Law, 454 So.2d 515 (Ala.1984), and Allen v. Whitehead, 423 So.2d 835 (Ala.1982), is of the view that a change in our law would be required in order to reverse the summary judgment for the defendant in this dog-bite case. I respectfully disagree.

On December 7, 1983, a pit bulldog belonging to the defendant, G.T. Hendrix, attacked 8-year-old Michael Coley, causing him severe physical and emotional injury. This was the first time the 2-year-old dog had attacked anyone. The defendant’s motion for summary judgment was…