Malloy v. Cauley

Sognier, Judge.

Elizabeth Malloy sued Leroy Cauley and Tommie C. White for damages after she was bitten by Cauley’s dog. White owned and lived in the same house as Cauley, who was his tenant. White filed a motion for summary judgment supported by an affidavit in which he stated he was not the owner of the dog and had no responsibilities for maintaining or controlling the dog. Three days before the hearing on the motion, Malloy filed an affidavit stating, inter alia, that she did not know who owned the dog but did know that White kept, maintained and controlled the dog on the day she was…