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Stolte v. Hammack

The plaintiff had equal knowledge of the vicious propensity of the dog that bit him because he knew the dog had bitten a visitor to the residence three months prior to its attack on him, and testified that he was nervous around the dog thereafter.

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Edward Stolte sued Andrew Hammack for injuries received when a dog attacked him inside a townhouse owned by Hammack. Stolte sought recovery under the vicious animal statute OCGA § 51-2-7 and the premises liability statute OCGA § 51-3-1. The trial court granted summary judgment to Hammack as to both theories, concluding that Hammack did not have superior knowledge of the dog’s viciousness. For reasons that follow, we 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.” Raith v. Blanchard , 271 Ga. App. 723 611 SE2d 75 2005. “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.” Id.

Viewed in the light most favorable to the plaintiff, the record shows that Stolte, Hammack, Lauren Davis Hammack’s girlfriend, and Chris Marek lived together in a townhouse owned by Hammack. Hammack and Davis shared a room, while Stolte and Marek had their own rooms. Davis’s dog Cujo, a pit bull, also lived in the townhouse.

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