Fitzpatrick v. Henley

Carley, Judge.

Colleen Fitzpatrick, a four-year-old child, was bitten by a large sheep dog while playing in her yard. The dog belonged to Nancy Henley who had let the dog out to run early in the morning of the day on which this incident took place. The Fitzpatricks subsequently brought suit against Henley and her parents. The trial court granted summary judgment for Henley and her parents on the Fitzpatricks’ claims.

The basis for Henley’s defense lay in her contention that she had no knowledge, prior to the incident in question, of any propensities on the part of the dog for dangerous or…