Summary judgment in dog bite case dismissed due to credibility issues regarding identification of the dog.
The plaintiff sued the defendant under the Dog Owners' Liability Act after being bitten by a dog in a park.
The defendant moved for summary judgment, arguing the plaintiff could not accurately identify the dog or the owner based on physical descriptions.
The court dismissed the motion, finding that the plaintiff's evidence of continuously observing the dog until the defendant leashed it created a genuine issue of credibility that could not be resolved on a summary judgment motion.
The court directed the matter to proceed to a summary trial under Rule 76.
SCJSuperior Court of JusticeDec 13, 2016