Brock v. Harris
Brock v. Harris
Opinion of the Court
Ted Brock, d/b/a Hogarth’s Lawn Mower Service Center and Brock’s Outdoor, appeals from the trial court’s order denying his
Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
a defendant demonstrates entitlement to summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiffs case. The defendant does not need to affirmatively disprove the plaintiffs case, but may prevail simply by pointing to the lack of evidence. If the defendant does so, the plaintiff cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact.2
Viewed in the light most favorable to the nonmovant,
Harris sued Brock alleging that Brock “knew or should have known of the danger associated with allowing an aggressive dog to roam his premises before” the incident involving Harris. Brock moved for summary judgment on the basis that there was no issue of material fact as to the question of whether Brock had knowledge that his dog would behave aggressively toward Harris. After a hearing,
Pursuant to OCGA § 51-3-1, an owner or occupier of land “is liable in damages to [invitees] for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” Harris contends that by keeping the dog on the premises, Brock created an unsafe condition for invitees. Nevertheless,
[i]n a typical dog bite case, regardless of whether the cause of action is based on . . . [OCGA § 51-3-1] or the dangerous animal liability statute , a plaintiff must produce evidence of the vicious propensity of the dog in order to show that the owner of the premises had superior knowledge of the danger.4
Moreover, ‘ ‘under Georgia law, there is a presumption that dogs are harmless,” and a plaintiff bears the burden of showing superior knowledge on the part of the owner that the dog is not harmless.
Judgment reversed.
See OCGA § 9-11-56 (c).
(Punctuation omitted.) Food Lion v. Walker, 290 Ga. App. 574 (660 SE2d 426) (2008).
See Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (1) (486 SE2d 684) (1997).
(Punctuation omitted.) Custer v. Coward, 293 Ga. App. 316, 319 (2) (667 SE2d 135) (2008). See Gibson v. Rezvanpour, 268 Ga. App. 377, 379 (2) (601 SE2d 848) (2004).
See Gibson, 268 Ga. App. at 379 (3).
Reference
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- BROCK v. HARRIS
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