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Audette v. Commonwealth6/13/2005
merset Coal Co., 217 Mass. 146, 147 (1914) ("If such animal is rightfully in the place where the mischief is done, unless it appears that the animal is vicious and that that fact is known to the owner or keeper, there is no liability").
Audette argues that Tasker knew of Rocky's vicious propensities because Tasker trained Rocky to apprehend suspects. We think the argument without merit. There is no Massachusetts precedent in this area. The State of Oregon, however, has considered the matter, and we think their resolution meritorious. In Borden v. Salem, 249 Or. 39 (1968), the Oregon Supreme Court specifically rejected the argument raised by Audette, that training a dog to apprehend suspects, without more, establishes knowledge of the dog's vicious propensities. The court ruled that there was "no evidence that the training of the dog for police work had imbued it with dangerous propensities," and that the simple fact that the dog was trained for police work was not enough to establish that the defendant city "knew of the dog's vicious propensities." Id. at 43. Here Audette provides no evidence of any prior bite, breach of discipline, or unordered attack on anyone, but merely argues that the court should have found vicious propensity based solely on the evidence that Tasker trained Rocky to apprehend suspects. Absent such showing, summary judgment for the Commonwealth was appropriate.
So ordered.
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