DuBOIS v. QUILITZSCH

Although I readily acknowledge that this is a close case, in the end I have concluded that I must respectfully dissent. In my *382opinion, the plaintiffs have succeeded in pointing to enough of a material factual dispute with respect to the premises liability and negligence counts so as to make disposition pursuant to Rule 56 of the Superior Court Rules of Civil Procedure inappropriate. I am convinced that a fact-finder could infer that the owner of the dog in question, an animal that was almost three feet tall at the time of the incident in question, was “aware of the dog’s dangerous…