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Harper v. Robinson

Defendant was aware that the dog who fatally attacked and killed an infant in his home had dangerous propensities towards humans.

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Charles W. Robinson and Kristie Robinson filed a wrongful death action against Philip Harper, III in connection the death of their daughter, Cora Le Robinson. Harper appeals from the trial court’s denial of his motion for summary judgment. We reverse. In November or December, 2000, Charles Robinson became aware of an animal, named Natsayia, belonging to Steve Cole. Cole was looking for a home for Natsayia. Robinson understood that Natsayia had been “bred as a wolf” or “was a wolf,” and he believed that his brother Matthew Robinson, would be interested in the animal. So Charles Robinson brought the dog to Matthew. A few weeks later, Matthew and Natsayia moved in with Phillip Harper. On January 19, 2001, Charles and Kristie Robinson, along with their infant daughter, Cora Le, were visiting in Harper’s home. During the visit, Cora Le was placed on a bed to sleep. A few minutes later, Natsayia picked the infant up in her mouth and carried the child into the kitchen, resulting in the child’s death.

The wrongful death complaint filed by Charles and Kristie Robinson asserted claims of negligence, strict liability, liability under OCGA § 51-2-7 and premises liability under OCGA § 51-3-2 b. Harper moved for summary judgment on these claims. The trial court granted summary judgment as to the Robinsons’ negligence claim, but denied the motion as to the remaining claims.

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