Alfano v. Stutsman

GARRARD, Judge.

This is a dog bite case. David Alfano owned a large dog which he kept chained in his unfenced yard so that the dog could not reach closer than two feet to a sidewalk. The dog would often bark at passersby, especially bicycle riders, and lunge against his chain. There was, however, no evidence that the dog had ever bitten or attempted to bite anyone. Indeed, the evidence disclosed that neighbors would quiet the barking dog by speaking to it and they would walk up to the dog and pet it while it sat quietly.

On June 6, 1981, Paul Stutsman, age 6, walked up to the dog to join his…