Goldberg v. Ruckstuhl

PONDER, Judge.

Plaintiffs appealed the dismissal of their suit seeking reimbursement of veterinary expenses for treatment' of their pet poodle after it was attacked by dogs belonging to two defendants.1

The sole issue is the assumption of risk by plaintiffs.

We reverse and render.

Plaintiffs left their small poodle in the care of a neighbor when they left on vacation. While the poodle was outside, admittedly with knowledge of the neighbor in charge and admittedly unleashed and unattended, but still on plaintiffs’ property, a dog belonging to each of the remaining defendants attacked and inflicted…