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Swanson v. Tackling

The defendants were entitled to summary judgment in the plaintiff's personal injury action arising after the defendants' dog bit her son, since there was no evidence that the dog ever displayed vicious behavior or evinced a propensity to bite anyone prior to biting the child.

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In this interlocutory appeal, Julia and Dave Swanson appeal the trial court’s denial of their motion for summary judgment in Jessica Tackling’s personal-injury action seeking to hold them liable for serious injuries that her minor son sustained when he was bitten by their dog. On appeal, the Swansons argue that they are entitled to summary judgment because the record is devoid of any evidence that their dog had a propensity to bite or act aggressively towards a person. We agree that the trial court erred in denying their motion for summary judgment, and for the reasons set forth infra, reverse.

Viewed in the light most favorable to Tackling i.e., the nonmoving party,1 the evidence shows that on April 26, 2012, she traveled with her seven-year-old son, J. R., and her then-boyfriend, Matthew Day, to spend a weekend with the Swansons, who are Day’s mother and stepfather. Upon their arrival, Julia greeted them and then introduced them to the Swansons’ great danes, Gussy and Willow, who were gated off in another room at the time. While Gussy sniffed J. R. and seemed to be fine, Willow put her head over the gate pretty close to J. R. and barked directly in his face. Willow’s conduct made Tackling uncomfortable, and when they went to their bedroom for the evening, she told Day that she did not want Willow loose around J. R. at any given time. However, Tackling did not share this information with either of the Swansons.

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