Colmus v. Sergeeva

In this personal injury action, plaintiff alleged claims of negligence and strict liability arising out of an incident in which a neighbor’s dog bit her on the nose. The trial court entered summary judgment on both claims, and we affirm.

Plaintiff and defendants, Xenia and Alexander Sergeeva, are next-door neighbors. Defendants owned a German shepherd, which they kept in the back yard. The yard is enclosed by a 42-inch-high fence. Defendants’ driveway borders plaintiffs property. The driveway is gated with a chain link fence. Posted on the fence was a “Beware of Dog” sign. In addition, the…