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Steagald v. Eason

The defendant's dog's menacing behavior on the first day he was in an unfamiliar location was insufficient to put the owner on notice that the dog would launch an unprovoked attack on the plaintiff when she entered the defendants' yard.

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Lori and Gary Steagald appeal the grant of summary judgment to defendants David, Cheryl, and Joshua Eason in this dog-bite case. The Steagalds argue that whether certain behavior put the Easons on notice of the dog’s propensity to attack is a question of material fact that requires jury resolution. We hold that the incidents the Steagalds point to were simply evidence of the dog’s menacing behavior that did not put the Easons on notice of the propensity to attack. We therefore affirm.

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. On appeal, we review a trial court’s grant of summary judgment de novo, construing the evidence and all inferences drawn from it in a light favorable to the nonmovant. Stennette v. Miller, 316 Ga. App. 425, 426 729 SE2d 559 2012 citation omitted.

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