Mintz v. Frazier

Pope, Judge.

This suit was initiated to recover damages for injuries inflicted upon plaintiffs dog when it was attacked by defendant’s dog. A motion for summary judgment was filed by defendant along with a supporting affidavit. This appeal is from the trial court’s grant of that motion.

Defendant’s affidavit states that she has “breached no duty owed to plaintiff’ and further that she is not liable for any injuries to the dog of plaintiff. However, these statements are merely legal conclusions and provide no evidentiary basis upon which the trial court could have decided the motion. The facts…