Dan Trump is the neighbor to Lily Clinton for around five years. Lily Clinton is the owner of two American Stafford Terriers, Bill and Chelsea. Mr. Trump stated that on several previous occasions the dogs have growled, barked and prowled the edges of Ms. Clinton's yard. Mr. Trump did admit that on one occasion, he yelled at the dogs to be quiet. On Monday, October 31, Mr.
Trump was unloading groceries in his driveway. Ms. Clinton's dogs escaped her yard and attacked
Mr. Trump. The attack from the dogs resulted in Mr. Trump receiving thirty stitches with a possibility of plastic surgery in the future. One week prior to the attack, Mr. Sanders, a neighbor, told Mr. Trump that Ms. Clinton's dogs attacked him several months ago. The issue presented…show more content… Clinton showed negligent behavior by having her dogs run on Mr. Trump's property to attack him in his driveway. Ms. Clinton showed no control of her dogs by leaving the gate open and having them leave the premise. Under this statute, the court should find Ms. Clinton liable to negligence resulting in injury.
In the case of Wise v. Morgan, the Defendant's dog bit the Plaintiff. Wise v. Morgan. 101
Tenn. 273, 48 S.W. 971 (1898). The Plaintiff characterized the dog as a "large dog, who had a ferocious, vicious and mischievous disposition." Id 48. The Defendant was aware of their dog's disposition, however, allowed the dog to remain at large without proper restraints. Id- The courts stated that, "It is well settled that a failure to perform a statutory duty is negligence per se, and, if the injury is the proximate result or consequence of the negligent act, there is liabilitv." Id. The court therefore ruled in favor of the Plaintiff, awarding $15,000.00. Id Ms. Clinton's dogs had a disposition of being vicious by growling, barking and prowling the yard when Mr. Trump was near. Ms. Clinton's dogs attacked a neighbor, Mr. Sanders, a couple weeks prior to Mr. Trump's attack. Mr. Sanders, the next door neighbor, reported his attack that occurred several week
