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Ferrara v. Marra6/3/2003
This dog-bite case came before the Court for oral argument on March 10, 2003, pursuant to an order directing the parties to appear and show cause why the issues raised by this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the case should be decided at this time.
The plaintiff, Shayna L. Ferrara, by her guardian and next best friend, the Commonwealth of Massachusetts Department of Social Services (plaintiff), appeals from the entry of summary judgment in favor of defendant landlord, Michael Marra (defendant). We reverse and remand the case for a trial on the merits.
On May 13, 1995, eleven-year-old Shayna was attacked by three pitbull terriers while visiting an apartment that defendant owned on Miller Avenue in Providence. Two of the pitbull terriers were puppies, and it is undisputed that all of them belonged to defendant's tenant,
Kathleen Walker (Kathleen). Kathleen apparently occupied the subsidized apartment with her boyfriend, Carl Hartfield a.k.a. Carl Walker (Carl).
Shayna allegedly suffered extensive and permanent injuries from the dog bite attack and sued for negligence by and through her mother, Mary Ferrara. She asserted that defendant landlord was strictly liable for her injuries because he knew that pitbull terriers were being kept or harbored on his property and that, by their very nature, pitbull terriers are animals that have dangerous and vicious propensities. She additionally asserted that defendant landlord was liable to her for her injuries because he allowed his tenant to keep or harbor the animals despite knowing that at least one of the dogs in question had dangerous and vicious propensities.
At a hearing on defendant's second motion for summary judgment, defense counsel successfully argued that although defendant was aware of the presence of the pitbull terriers on his property, he had no knowledge of their dangerous and vicious propensities. After a hearing, the trial justice granted defendant's motion, concluding that there was no evidence that defendant was aware that the dogs had vicious propensities. We disagree.
"This Court reviews a grant of summary judgment on a de novo basis." Johnson v. Newport County Chapter for Retarded Citizens, Inc., 799 A.2d 289, 291 (R.I. 2002) (citing Marr Scaffolding Co. v. Fairground Forms, Inc., 682 A.2d 455, 457 (R.I. 1996)). "Accordingly, if our review of the admissible evidence viewed in the light most favorable to the nonmoving party reveals no genuine issues of material fact, and if we conclude that the moving party was entitled to judgment as a matter of law, we shall sustain the trial justice's granting of summary judgment." Id. (quoting Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1225 (R.I. 1996)). "The nonmoving party, however, must present evidence that a disputed material fact exists and cannot prevail by simply relying on allegations or denials in the pleadings." Id. (citing Heflin v. Koszela, 774 A.2d 25, 29 (R.I. 2001)).
On appeal, plaintiff asserts that that the trial justice erred in granting defendant's motion for summary judgment because there exist genuine issues of material fact from which a jury could infer that defendant had knowledge of the vicious propensities of at least one of the dogs. Because of that knowledge and the fact that he allowed Walker to harbor the dogs, plaintiff maintains civil liability properly could be imposed upon defendant pursuant to G.L. 1956 ยง 4-13-17.
To support her argument, she observes that defendant knew that pitbull terri
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