Jetter v. Hall

OPINION OF THE COURT

William P. Polito, J.

*307On August 4, 2002, plaintiff, defendant Santorelli and two other friends accompanied by three dogs traveled to Mendon Ponds Park to swim. Defendant Santorelli was dog sitting the three dogs for the owners, the Hall defendants, including a large German shepherd named Duke.

Plaintiff was wading in shallow water with her arms down holding her up in a prone position like a “seal.” (Plaintiff’s deposition at 26.) Duke was standing within one foot of plaintiff. (Plaintiff’s deposition at 26.) Defendant Santorelli suddenly picked up a stick and threw it into…