Hamilton v. Walker

Blackburn, Judge.

In this “dog bite” tort action, Sarah B. Hamilton, on behalf of her daughter, Sarah E. Hamilton (Sarah), appeals the trial court’s grant of summary judgment to Richard and Evelyn Walker, contending that the Walkers should have known that their dog had vicious propensities prior to its attack on Sarah, and, as such, the Walkers should be liable for Sarah’s injuries. Because there is no evidence that the Walkers’ dog ever bit anyone prior to biting Sarah, we affirm the trial court’s decision which comports with Georgia’s “first bite” rule.

“Summary judgment is proper when there…