Davis v. Gaschler

Opinion

SIMS, J.

In this action for damages arising from a dog bite, plaintiff Judith C. Davis appeals from a summary judgment entered in favor of the dog’s owners, defendants Randy Gaschler and Linda Gaschler, on the ground that plaintiff’s reasonable implied assumption of the risk provided a complete defense. We will conclude recent California Supreme Court authority on the subject compels reversal of the judgment.

Factual and Procedural Background

The following facts are taken from the trial court’s ruling:

“On January 7, 1988, Mrs. Arleane Cumbra and her daughter, Mrs. Beauchamp, who are…