Legal Opinion · Concurrence

Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

New York Court of Appeals

Decided June 9, 2015No. 17 / No. 66Published

1ConcurrenceAbdus-Salaam, J.

In these two cases, we consider whether an individual injured by a domestic animal other than a farm animal may institute a negligence cause of action against the owner of the animal based on the owner’s alleged misfeasance in supervising or directing the animal. Like the majority (see majority mem at 1116), I conclude that a negligence cause of action does not lie under our long-standing *1117precedent, and I reject the specific grounds advanced by plaintiffs here for declining to apply the controlling principles of law set forth in Bard v Jahnke (6 NY3d 592 [2006]). Therefore, I join the…

2Cases cited27 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. People v. PequeNew York Court of Appeals · 2013
  3. Bovsun v. SanperiNew York Court of Appeals · 1984
  4. Collier v. ZambitoNew York Court of Appeals · 2004
  5. Bard v. JahnkeNew York Court of Appeals · 2006

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