Rucker v. Goldstein

The single issue presented on this appeal is whether the trial court erred in granting the defendant's motion for judgment notwithstanding the verdict, after a jury verdict for the plaintiff in a dogbite case.

On January 18, 1980, appellant Neva Rucker was attacked and injured by a dog while picking up the afternoon paper from her yard. According to appellant, the attack lasted for approximately five minutes, during which time the dog pulled off her shoe and bit her foot. When appellant got free from the dog, she crawled into the house and called a doctor.

Mrs. Rucker contends that at the time…