Sinclair v. Okata

ORDER

(Motion for Partial Summary Judgment)

HOLLAND, Chief Judge.

Plaintiffs have moved for partial summary judgment on certain aspects of their complaint. 1 The motion is opposed. Oral argument has been requested and heard.

On June 4, 1993, Daniel Reinhard was bitten by Anchor, a two and a half year old German Shepherd dog. Daniel was two years old when he was bitten. Daniel’s five year old sister, Michelle Levshakoff, witnessed the attack. It is a matter of dispute whether Daniel’s mother, Katherine Sinclair, was present at the time of the attack or whether she arrived shortly afterward.…