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Stephanie Saulsbury Et Al.v.Lilita Renee Wilson

CourtCourt of Appeals of Georgia
Docket No.A18A1901
DecidedFebruary 8, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceCivil ProcedureSummary JudgmentReversalRemand
Case Summary

A dog owned by Lilita Wilson fought with a dog owned by Maribel Saulsbury. Wilson intervened with her bare hands and was bitten, suffering a broken arm and requiring rabies shots. She sued the Saulsburys under Georgia’s dangerous-animal statute. The trial court denied the Saulsburys’ motion for summary judgment, but the Court of Appeals reversed and remanded. The court held that Wilson assumed the risk as a matter of law. She knew the dogs were fighting, was not afraid of her own dog, believed the other dog was focused on it, and had previously broken up fights using a stick. Local animal-control ordinances did not require her to place herself in danger, and the existence of a statutory duty to restrain animals did not eliminate the assumption-of-risk defense. Because Wilson knowingly chose to use her bare hands in the fight, she could not recover for the resulting injury.

Opinion

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