Van Zanten v. Van Zanten

Plaintiff appeals from a judgment dismissing his action for personal injuries that he sustained when defendant’s dog ran into him and knocked him to the ground. The trial court granted defendant’s motion to dismiss because it concluded that plaintiff had failed to establish a prima facie case. ORCP 54 B(2). We review for errors of law and reverse.

We state the facts in the light most favorable to plaintiff, the nonmoving party. Plaintiff is defendant’s 79-year-old father. On July 6, 1999, plaintiff was taking a lawn tool to a shop to have it repaired and stopped at defendant’s house on the…