Court Denies Dog Owner’s Motion for Summary Judgment and Sanctions its attorney’s for Spoliation of Evidence

A court denied a dog’s owner’s motion for summary judgment finding triable issues concerning the dog’s “vicious propensities”. Our client, a garage door repairman, was working at the Defendant’s garage when the Defendant’s dog attacked him, causing him a large wrist laceration. The Defendant admitted she drafted a summary of the attack but claimed to have lost it. According to our client, the dog aggressively charged at him, pinning him against his truck. Just prior to the attack, the Defendant told our client to get in his van and to keep his hands up, acknowledging her knowledge that the dog had previously bitten others. In addition, the proof showed that the Defendant posted “Beware of Dog” signs on her property. The Court also imposed a monetary sanction on the Defendant’s attorney for failing to preserve the Defendant’s summary of the attack.