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Mayes v. Lemonte6/6/2003
On January 17, 2001, the Montgomery County General Sessions Court awarded Brian C. Mayes $3000 in compensatory damages for a dog bite which Ronald R. LeMonte's, Jr. dog, Blackie, inflicted on Mayes' ankle on May 17, 2000. LeMonte took a de novo appeal to the Montgomery County Circuit Court, which found in favor of Mayes and awarded him $5000 in damages on December 13, 2001, after a bench trial.
In this pro se appeal, LeMonte raises two issues before this Court. First, he claims the Trial Court was biased and prejudiced against him and therefore the judgment should be reversed and a new trial granted. Second, LeMonte contends Mayes did not prove he was negligent, thereby exonerating him from any liability. We will address these issues in reverse order.
The following facts are undisputed by the parties. On May 17, 2000, Mayes entered LeMonte's fenced-in yard in order to read the meter, as was his profession with the Clarksville Gas and Water Department. When Mayes approached the fence, LeMonte's three dogs were barking and growling. A picture of the fence shows LeMonte prominently displayed a "Beware of the Dog sign." Mayes asked LeMonte whether the dogs would bite. He answered that they would not. Unconvinced, Mayes requested LeMonte hold the black dog before he entered and while he read the meter. According to Mayes, Blackie "was acting strange." Recognizing that all the dogs were acting more aggressive than usual, LeMonte agreed to hold Blackie.
Subsequently, Mayes entered the yard and began reading the meter. As Mayes read the meter, Blackie bit Mayes' ankle. Mayes' injuries from the bite required serious medical attention.
The only significant disputed fact in this case is whether LeMonte even told Mayes to stay out until Blackie was put into a pen. Mayes testified LeMonte had hold of Blackie and clearly motioned with his hand to enter the yard after he had hold of the dog. LeMonte asserted he did not have hold of Blackie and that he held up his hand in a motion to stop Mayes so he could grab Blackie and then put the dog inside a pen. Neighbor Mike Flood testified he saw someone holding up his hand in a stopping motion but was unaware of the identity of the individual.
The trial judge apparently accepted Mayes' testimony that LeMonte invited him in before the dog could be penned, which was as follows:
"I first explained who I was and said I needed to read the water meter. I told him I needed to come in the fence. I also asked if the dogs would bite. He told me the dogs would not bite. I still wasn't convinced because the black lab, which was the dog that bit me, was growling and jumping on the fence with his hair sticking up. I knew this dog was acting strange, so I asked him if he could hold the dog while I came in the fence, so he held the dog. He told me to come on in. I opened the fence, came in and read the meter. As I was bent over reading the meter, the dog bit me on my right leg in between my calve and my ankle."
Concerning a pen to contain the dog, LeMonte admitted that he and his father had built a pen for all the dogs. There was also a "Beware of the Dog" sign. It is clear from LeMonte's own testimony that he knew the pen was available and that he believed the dog, Blackie, should have at least have been penned-up before Mayes entered and read the meter. In fact, the testimony is replete with references to how threatening Blackie was acting while Mayes was outside the fence. Mayes testified that Blackie "was growling and jumping on the fence with his hair sticking up," that Blackie "was acting a lot more aggressive than the other two dogs," and that Blackie "was acting strange." LeMonte himself testifi
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