United States

Summary: After a 9-year old child was bitten by defendant's dog while at a sleepover at defendant's house, the child's mother sued the dog’s owners on child's behalf. The jury found that the plaintiff provoked the dog and the court entered a judgment in favor of defendants. The appellate court reversed on the ground that the jury instruction given by the district court misstated the meaning of provocation under the statute, and remanded for a new trial. In the instant action, the Supreme Court affirms this decision. Specifically, the jury here could have found provocation without any consideration of the victim's knowledge of the danger, and this misstatement prejudiced the defendant.

Summary: Plaintiff sued defendant for injuries she received after being thrown from defendant’s horse. Specifically, plaintiff argued that defendant knew or should have known of the horse’s “hazardous propensities” and therefore had a duty to protect plaintiff. In finding that there existed no special relationship between the parties to impart a duty to defendant, defendant’s motion for summary judgment was affirmed.

Summary: The doctor was a veterinarian and a member of the board of directors for the humane society. The director of the humane society asked her for advice on how to clean cat cages, and the doctor gave advice and donated a bottle of formalin, whereupon the employee who used the formalin suffered permanent lung damage. The employee commenced an action against the doctor and humane society for damages.  The court held that although the doctor would not have advised using formalin if she was not a member of the board, this fact did not establish that giving the advice was within the scope of her responsibilities as a board member.

Summary: Appellants sought review of a denial of a special-use permit to build a large campground adjacent to a bald eagle nesting site.  They contended that the denial by the county board was arbitrary and capricious.  The court held that the denial was reasonable where the county proffered two legally valid reasons for denying the permit:  the danger to the sensitive nesting eagle population and the detrimental effect the increased human activity would have on the unspoiled nature of the property.

Summary: A childless, divorcing couple sought divorce; trial court awarded couple's registered dogs to wife based on the best interest standard used for determination of custody of children.  Appellate court held the best interest statute inapplicable to dogs, but stated that the trial court can award dogs based on evidence of mistreatment of the dogs by one of the parties.  Because the trial court's determination had a reasonable basis in fact, the appellate court affirmed its decision.

Summary: Defendants were convicted of being spectators at a fight or baiting between dogs and appealed, charging that the "spectator" portion of the statute was impermissibly vague and unconstitutionally overbroad. The court found that the statute was constitutional because it punished attendance as a spectator at an event legitimately prohibited by law and defendants had fair notice of the conduct proscribed. The defendants also claimed that there was insufficient evidence however, the court found ample evidence upon which the jury rendered their decision.

Summary: The court of appeals held the owner of 69 emaciated and neglected horses liable under its animal cruelty statute, even though the owner did not have day-to-day responsibility for tending to the horses.

Summary: In this Michigan case, a property association brought an action against the city of Birmingham to enforce a deed restriction. The association alleged that the city's plan to build a dog park violated the residential use restriction in the deed. The Circuit Court of Oakland County granted the city's motion for summary disposition; the Court of Appeals reversed. The Supreme Court held that the city's use of the lot as a “dog park" (a fenced area where dogs could roam unleashed with their owners) did indeed violate the deed restriction limiting use of land to “strictly residential purposes only.” Further, despite the association's failure to contest the previous use of the land as a vacant park, the association could contest the dog park violation because the former use was deemed a "less serious" violation.

Summary: When the plaintiff accidentally stepped on the dog, the dog bit him.  On the statutory claim, the jury found that the biting was with provocation even though from an unintentional act.  On the common law claim, the jury found that the incident did not result from the abnormally dangerous propensities of the dog. The court affirmed, finding the trial court correctly instructed the jury that an unintentional act could constitute provocation under the dog-bite statute.

Summary: Defendant argues on appeal that his conviction under MCL 750.49, which punishes the owner of a dog trained or used for fighting that causes the death of a person, must be reversed because the statute is unconstitutionally vague; specifically, that the terms "trained or used for fighting," "without provocation," and "owner" are vague.  The court disagreed and held that the statute is sufficiently clear and gives the defendant fair notice of the offense.