Harris’ negligence claim to survive a defendant’s motion for summary judgment, she had to show (1) that defendant failed to exercise proper care in the performance of a duty owed plaintiff (2) the negligent breach of that duty was a proximate cause of plaintiff’s injury and (3) a person of ordinary prudence should have foreseen that plaintiff’s injury was probable under the circumstances.
#Lost judgment girl bite trial#
Harris argues that the trial court erred in granting summary judgment because there existed genuine issues of material fact as to whether defendants knew or should have known of the vicious propensities of their dogs.
The defendants filed motions for summary judgment (seeking a final judgment without the need for a trial) against the plaintiff, and the trial court granted the motions. Harris sued the defendants for negligence. Harris (who appeared to have suffered dog bites). When she arrived across the street, she found Ms. She testified that she ran behind the dogs toward the street, and that the dogs were out of her sight for a few seconds. She testified that, at that point, she and the two dogs jumped up and ran toward the sound.
#Lost judgment girl bite skin#
Harris sustained bite marks, lacerations, and skin tears.Ĭastaldo testified during her deposition that she was on the back patio of the Barefoot home with Riley and Dusty when she heard barking and screaming from across the street. She said that one of the dogs was a Rottweiler named Riley, belonging to Barefoot, and the other was an Australian Heeler/Border Collie mix dog named Dusty, belonging to Lucia Castaldo (defendant Castaldo). Castaldo and Dusty were visiting Barefoot (who is Castaldo’s grandfather) when the attack allegedly occurred. She testified that, within seconds, she was surrounded by the two dogs, knocked down, and repeatedly bitten.
Harris testified that she then walked back up the driveway toward the road and saw two dogs barking at her across the street near the Barefoot home. She testified during her deposition that she had delivered a package to a certain house, which was located directly across the street from the home of Clarence Barefoot (defendant Barefoot). A North Carolina court of appeals recently addressed the issue.ĭorothy Harris, the plaintiff in a case, was delivering U.S. One cause of action requires a dog bite victim to prove that an owner knew or should have known about a dog’s dangerous propensities. There are several claims, or causes of action, which an animal attack victim might be able to bring against a dog owner, and the available claims differ between states.
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