Herring v. Cunningham

This case involves the appropriateness of a summary judgment in a dog-related personal injury case.

On October 19, 1984, plaintiff went to defendants' home in Mobile while attempting to sell firewood. As plaintiff approached the front door, which was partially open, he heard a dog bark from inside the house. Plaintiff turned to leave and, with the dog chasing him, ran toward his truck, which was parked in the street. While running toward his truck, plaintiff fell and received an injury to his knee. There was never any bite or other physical contact by the dog.

Plaintiff filed suit against the…