Goodel v. Denault

The plaintiff, Lynn Goodel, has filed a two-count amended complaint in this case in response to an attack by a dog.1 The complaint consists of one count against the owners of the dog (collectively “owners”) Gordon Rolfe, Darlene Rolfe, and their son, James Smith, alleging strict liability pursuant to G.L.c. 140, §155, and one count against the landlord of the property (“landlord”), Eliot W. Denault III, sounding in negligence for failure to maintain the property in a safe condition.2 Denault now moves to dismiss the complaint pursuant to Mass.R.Civ.Pro. 12(b)(6). For the following reasons,…