Settlement Two Dogs Playing Knock Plaintiff Down Resulting in a Rotator Cuff Tear
Plaintiff’s neighbors had come over to plaintiff’s yard to pick up some mulch that plaintiff had offered to them. Each of the two neighbors brought their dogs with them and allowed them to chase one another around plaintiff’s yard and garage. While plaintiff was standing in her driveway near the garage the two dogs came running by, colliding with her, and knocking plaintiff to the driveway. Plaintiff suffered a torn rotator cuff tear as a result.
Defendants, the two owners of the dogs, claimed that plaintiff’s Animal Control Act case should fail because the statute does not allow plaintiff to recover when the animal has been “provoked.” Defendants claimed in this case the dogs “mutually provoked” one another. Plaintiff not only successfully convinced the court that the defendant’s argument was not consistent with the law but also obtained summary judgment on the liability issues under the Act. After the court’s ruling the case settled.