Mike Gibson obtain Summary Judgment on pair of Canine Cases

Mr. Gibson recently had a Motion for Summary Judgment granted in a negligence case filed in Iredell County, North Carolina. According to the Plaintiff, while he was at a "dog bar" near Lake Norman, he was allegedly attacked by a bull mastiff dog, which he alleged to have knocked him to the ground. As a result of the alleged incident, the Plaintiff suffered a shattered ankle requiring surgery. Plaintiff sued the bar, the bar owners, and the real estate company that owned the building and land on which the bar was operated. Mr. Gibson, represented all Defendants to the case.

After Mr. Gibson was able to get Plaintiff to admit at his deposition that he was not certain whether any dog struck him, much more what type of dog it was, Mr. Gibson and Mr. Moore filed a Motion for Summary Judgment, which was granted by the Court. Among the things taken into account by the Court were the fact that Plaintiff had been to the bar before meaning that he knew dogs were off-leash in certain areas, Plaintiff was in a designated off-leash play area when the incident occurred, and that Plaintiff's own dogs were outside and off-leash in that same area at the time.

In another dog-related case, Mr. Moore successfully obtained Summary Judgment for a pair of "Good Samaritan" homeowners in Rowan County, North Carolina. The Defendants had taken in a stray yellow lab and were in the process of finding the lab's true owners when it pulled out of its collar while being placed in the Defendants' car and ran away. To add insult to injury, the Defendants were taking the found yellow lab to the veterinarian so that it could go to a rescue agency.

Sometime after the yellow lab ran away from the Defendants, Plaintiff was operating his Harley Davidson Motorcycle with his daughter on the back. As Plaintiff came around a bend in the road, the yellow lab ran out in front of him, causing him to lay the motorcycle down. Plaintiff suffered a rib contusion and some scrapes on various parts of his body. Through Plaintiff's deposition, he was able to establish that the Defendants had done nothing wrong in their taking in, and caring for, the yellow lab when it ran away from them. Finding that the homeowners did not owe a duty to protect the Plaintiff from the yellow lab, judgment was granted in favor of the Defendants.