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Moore v. Myers2/25/2005
Twelve-year-old Monica Graham was struck by a car in Prince George's County while fleeing a neighbor's advancing pit bull. The dog was, at that time, both unleashed and unconfined, in violation of Prince George's County law.
Seeking damages for her daughter's injuries, Monica's mother, appellant Mattie Moore, brought a negligence action on behalf of herself and her daughter, in the Circuit Court for Prince George's County, against the driver of the car, Mia Flatricia Young; the owner of the dog, Michael Myers; his wife, Jeanne Griffin Myers; and her fifteen year-old son, Jaton Griffin. Jaton, appellant alleged, played a pivotal role in this matter: He was with the dog at the time of the accident and had, according to appellant, prompted the dog's pursuit of Monica, setting in motion the terrible events of that day.
In her amended six-count complaint, appellant alleged, among other things, that the accident had resulted from the individual negligence of Ms. Young, Jaton, and Mr. and Mrs. Myers and from the Myerses' negligent entrustment of Mr. Myers's pit bull to Jaton. After granting successive motions for judgment, the first at the conclusion of appellant's case and the second at the conclusion of the defense, the court permitted the case to go to the jury on a single count, accusing the driver of the striking vehicle, Ms. Young, of negligence. When the jury returned a verdict in favor of Ms. Young, appellant noted this appeal, but solely on behalf of Monica, claiming only that the court had erred in dismissing the negligence and negligent entrustment counts against appellees.
TRIAL
To facilitate our analysis of the issues presented, we shall divide our review of what happened at trial into two segments: appellant's case and appellees' defense. That will permit us to highlight the evidence adduced by each side and the rulings made by the court at the conclusion of each segment.
Appellant's Case
Although Monica, her treating physician, and both her parents testified, the case for liability, which is the only aspect of this matter before us, rested entirely on Monica's testimony and the portions of the deposition testimony and answers to interrogatories of Michael Myers and of Mia Young that were read into the record. We shall not, therefore, recount the testimony of Monica's parents or her physician, which focused principally on the injuries that Monica sustained and the ensuing medical treatment she received, except to note that this accident left Monica with two broken arms, a broken leg, and a fractured jaw.
A. Monica's Testimony
Monica testified that on July 18, 1999, she and three friends were walking along Columbia Park Road, not far from her residence. As the girls approached the Myerses' home, at 7104 Columbia Park Road, Monica saw Jaton and two other boys, Heath and Nathaniel, "standing by the steps [of the house] with a dog." Monica knew all three boys either from school or from the neighborhood.
The dog was a pit bull. It was unleashed and standing between Jaton and Heath, in an unenclosed front yard. In front of the Myerses' house, Jaton and one of Monica's friends, Showna, got into an argument. At that point, Jaton threatened to "sic his dog on" the girls. When he purportedly "said something to the dog to make the dog . . . aggressive," the dog barked at the girls and started towards Monica, "like it was coming after" her. As it approached, Monica "got scared," turned and ran into the path of Ms. Young's oncoming car.
B. Michael Myers's Deposition Testimony
Appellant read portions of Mr. Myers's deposition testimony into the record. Myers deponed that
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