Borns Ex Rel. Gannon v. Voss

VOIGT, Justice.

[T1] This is an appeal from an order granting summary judgment to the defendants in a dog bite case. The district court concluded that there were no genuine issues of material fact, that the defendants had no prior knowledge that their dog was vicious or possessed other dangerous propensities, and that the defendants, therefore, owed no duty to the plaintiff.

[¶2] We reverse.

ISSUES

2. Were the appellees entitled to summary judgment as a matter of law?

3. Should the "one free bite" rule be abrogated?

STANDARD OF REVIEW

[T3] Summary judgment motions are governed by W.R.C.P. 56. We…