Durham v. Mason

Phipps, Judge.

Michael Durham, through his father and next friend James Durham, sued Conney and Linda Mason for injuries he suffered when the Masons’ dog bit him. The trial court granted summary judgment to the Masons on a number of grounds, including their lack of superior knowledge about the dangerous propensities of their dog and Michael Durham’s assumption of the risk of interacting with the dog. We affirm on these two grounds.

The undisputed facts show that after school on March 5, 1998, 12-year-old Michael Durham and his friend Steven Mason went to the Mason residence to retrieve Steven’s…