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Keywords

negligenceliabilitystatuteappealtrial
defendantdamagesliabilitystatuteappealtrialsummary judgmentsustainedjury trial

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Anderson v. Christopherson, 816 N.W.2d 626

Facts

Gordon Anderson was walking his dog, Tuffy, when Neil Christopherson's dog, Bruno, attacked Tuffy. In an attempt to separate the two dogs, Anderson fell and broke his hip. The incident lasted less than 20 seconds, and neither Neil nor his father, Dennis Christopherson, were present during the attack. Neil had permission from Dennis to bring Bruno to the family home in Andover, where the incident occurred. Anderson filed suit against both Christophersons under the Minnesota dog owner's liability statute, claiming they were liable for his injuries.

Gordon Anderson lives in Andover with his dog, a 20–pound miniature schnauzer named Tuffy. On September 27, 2009, at approximately 2 p.m., Anderson was walking with Tuffy on a leash on Kiowa Street NW in Andover. When Anderson walked in front of a house but across the street on the block, a larger dog weighing approximately 50 pounds of unknown breed named Bruno ran out from the house across the street and bit Tuffy in the stomach. Anderson attempted to separate the dogs and may have kicked Bruno in the process of doing so. While trying to separate the two dogs, Anderson fell and broke his hip.

Issue

The main legal issues were whether Bruno's attack on Tuffy was the direct and immediate cause of Anderson's broken hip and whether Dennis Christopherson was harboring Bruno, thus qualifying as an 'owner' under the Minnesota dog owner's liability statute.

The question of whether defendants' dog directly and immediately produced injury under the dog owner's liability statute, Minn.Stat. § 347.22 (2010), is a question of fact for the jury.

Rule

Under Minnesota Statutes § 347.22, a dog owner is strictly liable for injuries caused by their dog if the dog attacks or injures a person acting peaceably in a lawful place. The term 'owner' includes any person harboring or keeping a dog, and the liability is absolute, meaning negligence is not a factor.

If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained.

Analysis

The court analyzed whether Anderson's injuries were a direct and immediate result of Bruno's actions. It concluded that reasonable minds could differ on this issue, as the attack on Tuffy could have directly caused Anderson's fall or prompted his intervention, leading to his injuries. The court also examined whether Dennis Christopherson's actions constituted harboring under the statute, determining that a jury could find he provided lodging or shelter to Bruno.

On the record before us, we conclude that the question of whether Anderson's injuries were a direct and immediate result of Bruno's actions is a question about which reasonable minds may differ and therefore is a question of fact for the jury.

Conclusion

The Minnesota Supreme Court affirmed the Court of Appeals' decision, allowing the case to proceed to trial on the issues of causation and whether Dennis Christopherson was an owner of Bruno under the statute.

We therefore affirm the court of appeals and remand for a jury trial on both the question of whether Anderson's injuries were caused by Bruno's conduct under Minn.Stat. § 347.22, and also the question of whether Dennis Christopherson was an 'owner' of Bruno under Minn.Stat. § 347.22.

Who won?

Gordon Anderson prevailed in the appeal, as the court found that there were genuine issues of material fact that warranted a trial.

Anderson appealed the grant of summary judgment on the statutory claims. The court of appeals reversed and remanded for trial, concluding that the district court erred in applying Minn.Stat. § 347.22.

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