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Keywords

plaintiffappealtrialaffidavitsummary judgment

plaintiffdefendantappealtrialaffidavitsummary judgment

Related Cases

Moore v. Gaut, Not Reported in S.W. Rptr., 2015 WL 9584389

Facts

James Anthony Moore was at Michael Gaut's residence to perform maintenance on a satellite dish when he was bitten by Gaut's Great Dane. The dog was in a fenced area, and Moore was on the other side of the fence when the incident occurred. Gaut's father had described the dog as gentle, and Moore was encouraged to meet the dog, which jumped up and bit him in the face. Gaut denied any knowledge of the dog being dangerous, stating it had never bitten anyone before.

The dog was in Defendant's fenced-in backyard, Plaintiff was on the other side of the fence, and the dog bit Plaintiff on his face.

Issue

Did the trial court err in granting summary judgment to the dog owner, Michael Gaut, on the basis that he had no knowledge of the dog's dangerous propensities?

Rule

In Tennessee, a dog owner is not liable for injuries caused by their dog unless the owner knew or should have known of the dog's dangerous propensities. The burden is on the plaintiff to establish that the owner had notice of such propensities.

In Tennessee, a dog owner is not liable for injuries caused by their dog unless the owner knew or should have known of the dog's dangerous propensities.

Analysis

The court found that Gaut had negated the element of knowledge regarding the dog's dangerous propensity by providing an affidavit stating that the dog had never bitten or attacked anyone. The court noted that Moore's own allegations supported Gaut's claim, as they indicated that Gaut's father had described the dog as friendly. The court concluded that the size of the dog alone could not create a genuine issue of material fact regarding its dangerousness.

The court found that Gaut had negated the element of knowledge regarding the dog's dangerous propensity by providing an affidavit stating that the dog had never bitten or attacked anyone.

Conclusion

The Court of Appeals affirmed the trial court's grant of summary judgment in favor of Michael Gaut, concluding that there was no evidence to suggest that he knew or should have known of the dog's dangerous propensities.

The Court of Appeals affirmed the trial court's grant of summary judgment in favor of Michael Gaut.

Who won?

Michael Gaut prevailed in the case because the court found no evidence that he had knowledge of the dog's dangerous propensities, as the dog had never bitten anyone before.

Michael Gaut prevailed in the case because the court found no evidence that he had knowledge of the dog's dangerous propensities.

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