GEHRTS V. BATTEEN
620 N.W.2d 775 (S.D. 2001)
NATURE OF THE CASE: Gehrts (P) was bitten by a St. Bernard owned by Nielsen (D). P sued
in strict liability and in negligence. The trial court granted summary judgment to D on both
claims. D appealed.
FACTS: Cindy visited the home of P to pick up a wreath. Wilbur, Cindy's St. Bernard, was
secured in the back of her pickup by a harness that allowed Wilbur to move freely. P asked
if she could pet Wilbur. Cindy consented and as P reached up to pet Wilbur, he bit her in
the face. P received extensive medical treatment as a result of those injuries. P sued Cindy
and her husband, Jon Batteen (D), to recover for her injuries. P alleged that D was
negligent in failing to restrain or control her dog. D moved for summary judgment, which was
granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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