Burgin by and Through Akers v. Tolle

CONOVER, Presiding Judge.

Plaintiff-Appellant Shannon Burgin (Bur-gin) through her mother Mary Akers (Ak-ers) appeals a summary judgment in favor of James and Marlene Tolle (Tolle) in an action to recover damages sustained from a dog bite.

We affirm.

ISSUES

Burgin presents two issues for our review. Restated they are,

1. whether the trial court erred in finding on summary judgment the dog had no vicious propensities;

2. whether the trial court erred by failing to apply the city of Jeffersonville's animal ordinance.

FACTS

The facts most favorable to the nonmov-ing party are: On September 4, 1981,…