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Clark v. Joiner

Plaintiff could not recover on his dog bite claim since there was no evidence that the dog had bitten someone before or that the dog's owners knew of his propensity to bite.

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We granted Thomas and Beverly Clark’s application for interlocutory review after the trial court denied their motion for summary judgment on John Joiner’s claim for damages from a dog bite. Because there is no evidence that the dog had ever bitten anyone before or that the Clarks knew that the dog had any propensity to bite someone, we reverse.

This case arose when Joiner went to the Clarks’ house to sell them insurance. Joiner had gotten out of his car and was walking to the house when the Clarks’ two dogs ran toward him. Joiner said the dogs did not act hostile, but ran at him as if they wanted to play. When he put his hand out to keep them from jumping on him, one of the dogs, Bud, a mixed-breed 12-year-old male, grabbed his hand and bit it. After Joiner got his hand loose, the dog jumped up and bit him in the side.

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