Rubin v. Town of Poultney

Plaintiff Rebecca Rubin appeals the Rutland Superior Court’s grant of summary judgment in favor of defendants Town of Poultney, Poultney’s town constable, Douglas Bishop, and Poultney’s town manager, Jonas Rosenthal, on her negligent failure to protect claim. We affirm.

The parties do not dispute the facts. Richard and Sheila Fleury’s dog, Ben, bit plaintiff when she jogged past their home in the Town of Poultney. Two days prior to the incident, the town manager received reports that the dog had been roaming the streets frightening people. The reports did not allege that the dog had bitten…