Allen v. Tanchuk

COX, J.,

Before the court for disposition is the motion for summary judgment filed on behalf of the defendant Geraldine Tanchuk, which argues that the defendant was not negligent as the dog was under the control of the plaintiff1 at all times during the incident and the defendant cannot be held liable for her child grabbing the dog’s tail. Additionally, the defendant claims that the plaintiff’s claims are barred by the “veterinarian’s rule”.

On September 14, 2005, the defendant, her son, Thomas Eichler, her daughter, Shanalyn Hartzell, and Ms. Hartzell’s boyfriend, Frank Hammet, brought the…