Mauldin v. Green

Quillian, Judge.

This is a personal injury case arising out of the defendants’ dog biting the plaintiff, a five-year-old child. The trial judge granted the defendants’ motion for a summary judgment and the case is here for review. Held:

1. The plaintiff contends that the trial judge erred in sustaining the defendants’ motion for summary judgment because there was circumstantial evidence that the defendants had knowledge that their dog was vicious. "In order to recover in a case of this nature the plaintiff must prove (1) that the animal has a vicious or dangerous character and (2) knowledge of…