This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Dog Bite
Negligence

Joni Valentin v. Melody Frye, Karlin C. Lynch, and Does 1 through 20, inclusive

Published: Apr. 9, 2016 | Result Date: Feb. 25, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 34-2014-00170558-CU-PO-GDS Summary Judgment –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

Jeffrey D. Bohn
(Accident, Injury and Medical Malpractice Attorneys of California APC)


Defendant

J. Brian Powers


Facts

Joni Valentin sued Melody Frye and Karlin Lynch, in connection with a dog-biting incident.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant Frye allegedly owned the dog who bit plaintiff and knew of the dog's dangerous propensity. Defendant Frye rented the property from defendant Lynch, who allowed the dangerous dog to remain on the property.

Plaintiff alleged that on Oct. 24, 2010, at around 12:30 in the afternoon, plaintiff was walking along a sidewalk when the subject dog viciously attacked plaintiff without warning. The dog was not leased and was allowed to roam around the property. Plaintiff sustained serious injuries and sued defendants for negligence/premises liability.

DEFENDANTS' CONTENTIONS:
Defendant Lynch denied the allegations and asserted various affirmative defenses. Defendant moved for summary judgment, arguing he had no knowledge of the dog's allegedly dangerous propensity.

Result

The court granted summary judgment in favor of defendant Lynch.

Other Information

FILING DATE: Oct. 23, 2014.


#88990

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390