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Mulcahy v. Damron8/20/1991
gence . . . the third person has deliberately assumed control of the situation, and all responsibility for the consequences of his act is shifted to him." Restatement (Second) of Torts ยง 442(B) comment c (1965). The entrustment of Zeke to the pet hospital and Mulcahy, the groomer, does not cut off liability under the dog bite statute when Zeke bites someone, any more than liability would be cut off, as Mulcahy states in her brief, if Zeke bit a "friend who keeps the dog, the housesitter that watches the dog, the truck driver or baggage claims handler who transports the dog, the dog trainer."
We agree with Mulcahy's argument in her motion for summary judgment that the only factual issue to be decided is whether Mulcahy provoked Zeke. Because there is a factual dispute concerning Mulcahy's actions immediately preceding the bite, this issue is one more appropriately determined by the trier of fact. Toney v. Bouthillier, 129 Ariz. at 407, 631 P.2d at 562.
The trial court's order granting summary judgment in favor of the Damrons is reversed, and the case is remanded for further proceedings.
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