Tutak v. Fairley

Banke, Presiding Judge.

Acting on behalf of their minor son, Gregory, the appellants, Mr. and Mrs. Tutak, brought this action against the appellees, Mr. and Mrs. Fairley, seeking to recover for injuries Gregory had allegedly sustained when he was bitten by the appellees’ dog. The present appeal is from the grant of the appellees’ motion for summary judgment.

The appellees normally kept their dog, a 45-pound mixed breed German shepherd, chained to a doghouse in the backyard of their home; but at the time of the attack on Gregory, it had broken loose from its chains. Mr. Fairley testified that…