Niebel v. Burke

Sognier, Judge.

William F. Burke sued Benjamin Niebel and Darryl Fierce for damages resulting from a collision between Burke’s motorcycle and a dog owned by Niebel and Fierce. Niebel and Fierce answered and moved for summary judgment, filing supporting affidavits that during their ownership of the dog, neither of them had knowledge of any tendency or propensity of the dog to run after or into motorcyclists or cars travelling on the streets. Burke submitted a counter - affidavit of the dog owners’ neighbor that the dog was allowed “to roam throughout the neighborhood at will, without any…