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Laurie Weinsteinv.Courtney Holmes Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A1526
DecidedJanuary 31, 2018
Reporter293 Ga. App. 316
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligencePremises LiabilityDamagesSummary JudgmentReversalRemand
Case Summary

Laurie Weinstein was injured when two dogs escaped a neighborhood dog park and attacked Teddy, an eleven-year-old Yorkshire Terrier she was walking. Teddy died, and Weinstein presented evidence that one dog’s owners knew it was energetic and had previously displayed aggressive behavior toward another dog. The trial court granted the owners partial summary judgment on punitive damages, reasoning that a single prior incident could not show the conscious indifference required under Georgia law. The Georgia Court of Appeals reversed. It held that the owners’ knowledge of the dog’s behavior, together with evidence of a prior similar incident and the circumstances in which they tried to leave the park with both dogs, created a jury question on whether they showed an entire want of care. The court stressed that it was not deciding whether punitive damages should be awarded, only whether the evidence permitted the jury to decide that issue. It reversed the summary-judgment order and remanded for further proceedings.

Opinion

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