Nelson v. Hall

Opinion

ROBIE, J. *

Plaintiff Rebecca Nelson appeals from a judgment dismissing her complaint against defendants Susan and Richard Hall in an action for personal injuries, entered after the trial court granted defendants’ motion for summary judgment. At issue in this appeal is (a) whether the defense of assumption of the risk is available under the “Dog Bite Statute” (Civ. Code, § 3342), and (b) whether a veterinarian or veterinary assistant assumes the risk of dog bites as a matter of law while treating a dog. We hold in the affirmative.

Facts

On January 21, 1983, plaintiff, a veterinary…