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Russell v. Superior K-9 Serv. Inc.

Evidence that the plaintiff volunteered to let her employer's guard dog out of his pen raised a jury question as to whether she assumed the risk that the dog would attack her.

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“Rocky,” a 110-pound Rottweiler, attacked and bit Melanie S. Russell on the premises of Richard’s Buckhead Collision. Russell was an employee of Richard’s, and Rocky was a guard dog that the business hired from Superior K-9 Service, Inc. In 1994, following a series of break-ins, Eugene Cato, Richard’s owner, decided that he should get a guard dog to help protect his business. To that end, he contacted Glenn C. Whitten, Superior’s owner, and subsequently contracted for Rocky’s services. Under the parties’ contract, Richard’s was responsible for feeding the dog, for releasing him from his pen to patrol the grounds at night and for securing him again in the morning. Cato and one other employee were primarily responsible for these duties, although on two occasions a third employee released Rocky from his pen. Russell had no regular responsibilities for Rocky, but Cato anticipated that he might have to ask her to help with the dog on occasion. So following instructions received from Whitten, Russell took steps to make the dog familiar with her.

On the evening of the attack, Russell asked Cato if she could let Rocky out of his pen, and he agreed. As she had been instructed, Russell blew a whistle, called Rocky’s name and approached him with treats in hand. She then opened the gate and let the dog out. But when Russell walked back towards the shop door, the dog attacked her.

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