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Muela v. Gomez

The trial court found that Samuel Muela and his mother were jointly and severally liable to Elvia Gomez for damages resulting from a dog attack. Samuel appeals, complaining that the evidence is legally insufficient to prove that he owned or possessed the dog and had actual or constructive knowledge of the dog's propensity toward violence. There is no evidence from which to infer that Samuel controlled the pit bull. The trial court's judgment is reversed in part, and judgment is rendered that Gomez take nothing against Samuel. El Paso Court of Appeals, No. 08-09-00140-CV, 02-23-2011.

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OPINION

This appeal arises from a judgment for damages resulting from a vicious attack by a pit bull. Following a bench trial, the trial court found that Samuel Muela and his mother were jointly and severally liable to Elvia Gomez for damages in the amount of $30,279.45. Only Samuel appeals, complaining that the evidence is legally insufficient to prove that he owned or possessed the pit bull and had actual or constructive knowledge of the dog’s propensity toward violence. We reverse the judgment in part and render judgment that Elvia Gomez take nothing against Samuel.

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