Summary Judgment in Favor of Defendants in Dog Bite Case
Dave Root obtained summary judgment in favor of a florist’s shop and the shop owner in a tort case stemming from an alleged dog bite. The Plaintiff claimed that two dogs belonging to the shop owner attacked him as he was walking by the shop. Within days of the alleged attack, he returned to the shop and demanded payment from the shop owner for his purported injuries. The shop owner paid the plaintiff and obtained a full release. Nevertheless, the plaintiff filed suit in an attempt to recover additional funds. Dave successfully argued that the previous payment and full release constituted an accord and satisfaction, which precluded the plaintiff’s claims. The court granted summary judgment in favor of the defendants and dismissed plaintiff’s claims with prejudice.