Slack V. Dorothy Villari Case Study

Case Name & Citation

Roy A. SLACK, et ux. V. Dorothy VILLARI, et vir.; 59 Md.App. 462 Court of Special

Appeals of Maryland

2. Facts

Mr. and Mrs. Villari were talking a walk, when the dog from Mrs. Slack’s house jumped at her. *At no time was the dog restrained by a leash. Mrs. Villari nearly fell back, but caught herself by grabbing on to her husband. *She sustained an injury in her lower back, by did not fall. The dog did not bite Mr. or Mrs. Villari and did not touch either party.

*The Villaris had no previous record of the dog biting, growling or snapping at any human before this incident. *Mrs. Slack, the dog owner, let the dog out into the front yard with out knowledge of people walking outside. *She did acknowledge that “people are

*He did not bark at people. 3. Procedural History

Trial court was in favor for the plaintiffs and the defendants appealed

4. Plaintiff’s Theory of the Case

a. The dog was aggressive towards other dogs, which shows mischief.

b. The breed, Doberman pincher, of the dog gives way to the violent nature of the dog.

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c. The fact the owner had the dog enclosed in the house or backyard during the day meant that the dog was vivacious.

5. Defendant’s Theory of the Case

The defendant claimed that the dog had no previous incidences to prove that they had knowledge of his ability to commit this act against the Villaris.

6. Issue

Whether Mrs. Slack had prior knowledge of the dog’s behavior based on particular mischief, the breed type, and based on the enclosure law.

7. Overall Rule

The dog owner must have prior knowledge of the propensity of the dog to be violent.

8. Subrules

a. Owner will not be deemed to have prior knowledge because of the breed of the dog.

b. The action that took place needs to be in accordance to the particular mischief that took place in the case.

c. Owner is not presumed to have knowledge because of enclosure of the dog if the law requires it.

9.