Legal Opinion

Tucker v. Duke

Indiana Court of Appeals

Decided September 19, 2007No. 05A05-0612-CV-706PublishedCited by 3 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Rick Tucker (“Tucker”) appeals from the small claims court’s judgment in favor of Deborah Duke (“Duke”) on her claim for medical expenses stemming from a dog biting incident. Because the evidence shows that Tucker kept the dog — a pit bull — on his property staked to a chain for four months and that the pit bull became loose on the day in question and attacked Duke on her own property, the small claims court’s judgment that Tucker is liable on grounds of negligence is not clearly erroneous. We therefore affirm the small claims court.

Facts and Procedural History

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Trinity Homes, LLC v. FangIndiana Supreme Court · 2006
  2. Cook v. Whitsell-ShermanIndiana Supreme Court · 2003
  3. Poznanski Ex Rel. Poznanski v. HorvathIndiana Supreme Court · 2003
  4. Bowman v. KitchelIndiana Supreme Court · 1995
  5. Counceller v. Ecenbarger, Inc.Indiana Court of Appeals · 2005

3Cited by3 opinions

  1. American Family Mutual Insurance v. WilliamsDistrict Court, S.D. Indiana · 2015
  2. Peggy S. McElhany v. Elizabeth JordanIndiana Court of Appeals · 2025
  3. Tucker v. DukeIndiana Court of Appeals · 2007

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