On April 28, a jury rejected a woman’s claim that she was mowed down by a neighbor’s dog. Elizabeth Niven alleged she was walking her dog in her gated community in Montgomery when a dog owned by Bruce Petty ran up behind her and knocked her down. She sustained a broken hip. Petty lived with his mother, Katherine Petty, on the same cul-de-sac as Niven, in a home owned by Bruce Petty’s brother, Shane Petty. Niven sued all three individuals for allowing the dog to run free without a leash. The Pettys argued that the dog was inside when the incident occurred. In addition, two witnesses testified that the dog that hit Niven was a chocolate lab, while Bruce Petty’s dog is black. Another witness said the dog was not Bruce Petty’s. The jury concluded that none of the defendants were negligent.
Niven v. Petty, et al., No. 09-05-05068-CV
