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Ferrara v. Marra6/3/2003
2d at 982. Although this defendant may not be held strictly liable by virtue of the dogs' breed, he may be found negligent if he knew about the dogs' vicious propensities. The defendant admitted that he was "aware that some people breed pit bull terriers as attack dogs[,]" but he unequivocally denied having any knowledge of the previous dog-bite incident or that the dogs in question had "any vicious propensities whatsoever." However, we believe that a genuine issue of material fact existed about whether defendant had knowledge of the vicious propensities of at least one of the dogs.
It is undisputed that the dogs that attacked plaintiff were owned by Kathleen and that defendant was aware of their presence in the Miller Avenue apartment. The record reveals that plaintiff produced a police report indicating that a pitbull puppy bit a fourteen-year-old girl at Carl Hartfield's home on Miller Avenue three months previously. The record also indicates that Carl Hartfield, a.k.a. Carl Walker, was Kathleen's boyfriend. From this evidence the trial justice concluded that " here was a bite by one of the tenant's three dogs, of some child prior to the incident that gave rise to this litigation" and, despite defendant's denials, we believe that the existence of the police report was enough evidence to raise a question of material fact about his knowledge of the vicious propensities of at least one of the dogs. Consequently, the question of defendant's knowledge should have been resolved by a finder of fact after a trial on the merits, and the motion for summary judgment should have been denied.
For the foregoing reasons, the plaintiff's appeal is sustained and the summary judgment is vacated. This case is remanded to the Superior Court for further proceedings in accordance with this decision.
Justice Flaherty did not participate.
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