Stofer v. Ramsey

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is an action to recover for personal injuries sustained by the minor-plaintiff in an attack by a dog named King. 28 U.S.C. § 1332(a)(1). Each defendant moved separately for a summary judgment. Rule 56(b), Federal Rules of Civil Procedure. Each such motion lacks merit.

I

This action is governed by the law of Tennessee. 28 U.S.C. § 1652; Erie R. Co. v. Tompkins (1938), 304 U.S. 64, 78, 58 S.Ct. 817, 822, 82 L.Ed. 1188, 1194. Under Tennessee law,

* * * the owner or keeper of the dog is not answerable for injuries done by it when in a place it…