Date of Case Completion:
December 8, 2017
Category:
Dog Bite Defense / Premises Liability / Summary Judgment
Summary:
McLemore Law PLLC secured a full dismissal for Derek Hunter in a dog bite injury case by demonstrating that the plaintiff failed to provide any evidence that the dog, Jolie, had a known history of aggression or dangerous behavior. The Court ruled that rough play between the owner and dog did not meet the legal standard for dangerous propensity.
Description:
Case Name: Patricia Lee King v. Derek Hunter
Court: Circuit Court of Rutherford County, Tennessee
Case No.: 69758
The case stemmed from a Memorial Day 2014 incident where Patricia Lee King alleged she was injured by a dog named Jolie during a gathering at the home of Derek Hunter’s mother, Teresa Tillery Hill. At the time, Mr. Hunter resided with his mother, and Jolie was his dog. King filed suit claiming negligence on Mr. Hunter’s part.
McLemore Law PLLC, representing Mr. Hunter, filed a motion for summary judgment, asserting that there was no evidence that the dog had previously exhibited any dangerous tendencies or behavior that would have put Mr. Hunter on notice.
While the plaintiff testified that Hunter occasionally played rough with the dog, the Court found that such behavior, in isolation, was not evidence of a dangerous propensity. On December 8, 2017, Chancellor Howard Wilson granted the motion, dismissing all claims against Mr. Hunter with prejudice. No appeal was filed.
Co-defendant Teresa Tillery Hill, who neither owned nor controlled the dog, had previously been dismissed via nonsuit under Rule 41.01.