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Rowland v. Log Cabin2/19/2003
xists: One of the customers at the Log Cabin brought his dog, Tyson, into the bar; Tyson is an Akita and stands about three feet tall; Jansen, the bartender, requested that Howard remove the dog from the premises several times; Jansen allowed the dog to stay; Jansen testified that he had never seen Tyson in the bar before and was not familiar with the dog's temperament or disposition. Whether a reasonable person would have realized that a large, unknown dog roaming free in a small bar with drunken patrons involved an unreasonable risk of harm is a question for a jury. This Court has repeatedly stated that " uestions of negligence, contributory negligence and assumption of the risk are for the jury in all but the rarest of cases so long as there is evidence to support the issues." "It is only when reasonable men can draw but one conclusion from facts and inferences that they become a matter of law and this rarely occurs."
Pettry v. Rapid City Area School Dist., 2001 SD 88, , 630 NW2d 705, 708 (quoting Pierce v. City of Belle Fourche, 2001 SD 41, , 624 NW2d 353, 356-57) (citations omitted). Therefore, summary judgment was not proper and this case must be remanded for trial.
[ .] We find Rowland's other arguments without merit.
[ .] We reverse the trial court's grant of summary judgment and remand for a jury to determine whether Log Cabin breached a duty owed to Rowland.
[ .] GILBERTSON, Chief Justice, and KONENKAMP and ZINTER, Justices, and AMUNDSON, Retired Justice, concur.
[ .] WILBUR, Circuit Judge, for SABERS, Justice, disqualified.
[ .] MEIERHENRY, Justice, not having been a member of the Court at the time this action was submitted to the Court, did not participate.
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