Articles Posted in Animal / Dog Law

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Amy Canney’s minor child, Nicholai, was bitten by a dog kept by Eric Burns, a neighbor who performed on-call maintenance work on properties owned by Strathglass Holdings, Inc. Canney filed a complaint on behalf of Nicholai against Strathglass, claiming that Burns was at all pertinent times the agent, servant or employee of Strathglass and was maintaining the property for the benefit of Strathglass. The superior court granted summary judgment for Strathglass, concluding that Burns was not acting within the scope of his employment at the time of the dog bite. The Supreme Judicial Court affirmed, holding (1) neither Burns’s acts or omissions nor Nicholai’s presence on his premises were related to Burns’s employment or agency with Strathglass, and therefore, summary judgment on Canney’s respondent superior claims was proper; and (2) Canney’s complaint failed to allege a theory of direct liability against Strathglass, and she offered no evidence that would support a direct claim of negligence against Strathglass. View "Canney v. Strathglass Holdings, LLC" on Justia Law

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Gina Turcott filed a complaint for injunctive relief against the Humane Society Waterville Area (HSWA) seeking the release of HSWA records relating to a certain cat. The complaint further alleged that Turcott had submitted a request for documents to HSWA pursuant to Maine’s Freedom of Access Act (FOAA) and that HSWA had wrongfully withheld the requested records. The superior court dismissed the complaint for failure to state a claim upon which relief can be granted. The Supreme Court affirmed, holding that, although HSWA performs a function that benefits the public and assists municipalities, HSWA is not a public agency subject to the requirements of FOAA. View "Turcotte v. Humane Soc’y Waterville Area" on Justia Law

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Defendant leased a single-family dwelling to Tenants pursuant to a lease agreement in which Tenants were permitted to keep pets but would be responsible for any property damage or disturbance caused by their pets. Three times in one month, a dog owned by Tenants allegedly attacked Plaintiff. Plaintiff sued Defendants seeking damages on a common law theory of negligence. The superior court granted summary judgment for Defendants. The Supreme Court affirmed, holding that because there were no triable issues as to whether Defendants were ever in possession of control over Tenants' dog, the superior court did not err in its judgment. View "Fields v. Hayden" on Justia Law