Smith v. Kerns

Appellant, Embemetta Smith (Smith), appeals from the Thirteenth Judicial District Court’s decision granting summary judgment to Krayton Kerns, Doctor of Veterinary Medicine (Dr. Kerns). We reverse and remand.

We address only the following dispositive issue:

Did the District Court err in granting summary judgment to Dr. Kerns?

BACKGROUND

Smith and her husband arrived at Beartooth Veterinary Clinic to drop off the family dog. While Smith’s husband waited in their vehicle, Smith entered the clinic through the front door which closed behind her by way of a mechanical closing device. After handing her…