Smith v. City of Bayard

CARTER, Justice.

Plaintiff, Melba E. Smith, a dog-bite victim, appeals from an adverse summary judgment for the City of Bayard (the city) in her damage action. Plaintiff alleges that the city was negligent in failing to control a dog that was running at large in the city. The city sought summary judgment on the basis that (1) it owed plaintiff no duty to protect her from the dog, and (2) it is immune from the liability sought to be imposed on it. Because we agree with the second contention, we affirm the judgment of the district court.

Plaintiff was seriously bitten by a dog while she was…