Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
ASSOCIATE: Commercial Litigation

Epstein Becker & Green is seeking an associate to joins its Commercial Litigation practice in our Columbus or Cincinnati offices. Ca...


Apply Now ›
Business Attorney with 5+ years experience -- Florida

Job Opportunity: Location: Prestigious Florida Law Firm seeks to hire a Business attorney with at least 5 years of experience for their Ft. ...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements