A common pleas court judge will allow a plaintiff in a dog-bite case to pursue punitive damages based on alleged notice of vicious propensity, even though the dogs had not bitten anyone before the incident.
In his decision in Bitting v. Schaffner, Dauphin County Court of Common Pleas Judge William T. Tully held that a jury should be able to consider whether a prior incident in which three boxers owned by the defendant acted aggressively toward a package delivery employee was sufficient to place the dog owner on notice regarding the dogs’ vicious propensity.
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