DeVivo v. Anderson, L-5169-08; Law Division, Bergen County; opinion by Toskos, J.S.C.; decided April 22, 2009; approved for publication October 1, 2009. DDS No. 36-3-5468 [6 pp.]
Plaintiffs Sandra DeVivo and John DeVivo filed a motion for summary judgment as to liability against defendants Britney Anderson and Suzanne Anderson. Plaintiffs allege that the Andersons are strictly liable pursuant to N.J.S.A. 4:19-16, the so-called “dog bite” statute, for Sandra DeVivo’s injuries. Sandra contends that Suzanne Anderson’s German Shepherd dog, Magic, bit her on the forearm as she was walking past the front of defendants’ residence. At the time Magic was unleashed. Britney, Suzanne’s daughter, was holding on to Magic by his collar.
