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Sweeney v. Lowe

The plaintiff failed to properly plead and prove the county ordinance upon which he relied in his suit for damages he allegedly suffered after the defendant's dog bit him.

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David Sweeney1 filed a complaint against Michelle Lowe, claiming that he incurred damages after being bitten by Lowe’s dog. The trial court granted summary judgment to Lowe. Sweeney appeals, arguing that the trial court erred because genuine issues of material fact exist as to whether Lowe was in violation of a county ordinance or “leash law.” However, Sweeney failed to properly plead and prove the ordinance, and therefore we must affirm the trial court’s ruling.

It is well established that in order for a superior court or this court to consider city or county ordinances they must be alleged and proved, and “the proper method of proving a city or county ordinance is by production of the original or of a properly certified copy.” Thorsen v. Saber, 288 Ga. 18, 19 1 701 SE2d 133 2010 citations and punctuation omitted. See also OCGA § 24-2-221 judicial notice may be taken of a certified copy of county ordinance. In this case, Sweeney claims a violation of Fulton County Ordinance 34-205. However, the record does not contain the original or a properly certified copy of the ordinance upon which Sweeney relies. Thus, “the trial court would have been in error if it had considered the terms of an ordinance not properly before the court.” Thorsen, supra citations omitted.

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