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Matta-Troncoso et al. v. Tyner

The trial court misconstrued the applicable law in granting a landlord's motion for summary judgment in plaintiffs' lawsuit arising after the tenants' dogs escaped from a yard due to a broken gate latch and attacked plaintiff because plaintiffs produced evidence of a violation of a county ordinance that required dogs to be at heel or on a leash and plaintiffs, therefore, were not required to produce evidence of the dogs' vicious propensity.

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Dillard, Chief Judge.After Maria Matta-Troncoso sustained severe injuries in an attack by two dogs, she and her husband (“plaintiffs”) filed a lawsuit against Michael and Lakeisha Thornton, the dogs’ owners, and Gregory Tyner, the Thorntons’ landlord, alleging that her injuries were a result of the Thorntons failing to prevent their dogs from escaping their fenced back yard and Tyner’s failure to keep a latch on the fence’s gate in good repair. Tyner moved for summary judgment, which the trial court granted. On appeal, the plaintiffs contend that the trial court erred in holding that summary judgment for Tyner was warranted because they failed to produce evidence that the Thorntons’ dogs had previously exhibited vicious propensities. For the reasons set forth infra, we reverse.

Viewed in the light most favorable to the nonmovant,[1] the record shows that Tyner owns a house located at 108 Ivy Trace in Stockbridge, Henry County, Georgia. Initially, Tyner lived in the home, but on December 6, 2008, he entered into an agreement to lease the property to Michael and Lakeisha Thornton, and shortly thereafter, the couple and their three children moved into the home. The couple also owned a Labrador Retriever, but the lease specifically allowed pets, and the property had a fairly large back yard, which was enclosed by a wooden privacy fence and accessible via the house’s back door and a gate that opened on to the front yard.

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