Clark v. Joiner

Andrews, Presiding Judge.

We granted Thomas and Beverly Clark’s application for interlocutory review after the trial court denied their motion for summary judgment on John Joiner’s claim for damages from a dog bite. Because there is no evidence that the dog had ever bitten anyone before or that the Clarks knew that the dog had any propensity to bite someone, we reverse.

This case arose when Joiner went to the Clarks’ house to sell them insurance. Joiner had gotten out of his car and was walking to the house when the Clarks’ two dogs ran toward him. Joiner said the dogs did not act hostile but…