SINCLAIR V. OKATA 874 F. Supp. 1051 (1994) CASE BRIEF

SINCLAIR V. OKATA

874 F. Supp. 1051 (1994)

NATURE OF THE CASE: Sinclair (P) filed a motion for partial summary judgment in its against Okata (D) that alleged negligence, strict liability, negligent infliction of emotional distress, and loss of society and companionship after P was bitten by D's unrestrained dog.

FACTS: P was bitten by Anchor, a two-and-a-half-year-old German Shepherd dog. P was two years old when he was bitten. P's five-year-old sister, Michelle Levshakoff, witnessed the attack. P sued and Ds removed the case to federal district court. Jurisdiction was based on diversity. Ps asserted causes of action based on negligence, strict liability, negligent infliction of emotional distress, and for loss of society and companionship. Ps seek compensatory and punitive damages. Anchor was a two-and-a-half-year-old German Shepherd. D's son, Yoshihide Okata, brought Anchor into the unfenced driveway where a van was parked and ordered the dog to 'stay.' The dog was not leashed. D's son fell asleep in the van, with the dog still unleashed in the driveway. D's son did not awaken until he heard P crying. There is no dispute as to the fact that Anchor was involved in at least four previous biting incidents. Ps moved for partial summary judgment on the issue of 'liability'.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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