Kringle v. Elliott

Summary:
The plaintiff, on behalf of her then seven-year-old son, brought an action against the defendant Elliot for injuries the child sustained resulting from a bite by defendant's golden retriever. The trial court granted the defendant's motion for a directed verdict reasoning that because this was the dog's first bite of a human, there was there was no cause of action under Georgia's “first bite” rule. The appellate court found that the excluded evidence did not indicate the owner had any reason to suspect that the dog had a propensity to bite and thus, the trial court did not abuse its discretion in granting defendant's motion or directing a verdict.

Norma Kringle on behalf of her then seven-year-old son, Steven Lloyd, brought an action against Cindy Elliott for injuries the child sustained when he was bitten by Elliott's golden retriever. At trial, the trial court granted Elliott's directed verdict motion on the ground that because this was the dog's first bite of a human, under Georgia's “first bite” rule there was no cause of action. Kringle appeals contending that the trial court erred in granting Elliott's motion in limine to exclude evidence which Kringle argues created an inference that the dog had attacked other animals, and in directing a verdict in Elliott's favor. Because the excluded evidence did not indicate the owner had any reason to suspect the dog had a propensity to bite, the trial court did not abuse its discretion in granting the motion or directing a verdict in Elliott's favor.

On the day of the incident, Steven went into Elliott's backyard to play with some other neighborhood children. Elliott's golden retriever, Skip, was on a chain in the fenced backyard. There were other children in the backyard, including a little girl who was playing with the dog when Steven was bitten. Steven testified that