Osburn v. Baker, No. 04-19-00568-CV, 2020 WL 2441426 (Tex. App.—San Antonio May 13, 2020, no pet.)

Osburn v. Baker, No. 04-19-00568-CV, 2020 WL 2441426 (Tex. App.—San Antonio May 13, 2020, no pet.)

Successfully reversed no evidence and traditional summary judgment in a dog bite case, convincing court of appeals that Plaintiff’s claims of strict liability, negligent handling, and gross negligence were supported by deposition testimony that dog was “leery” around strangers, prone to nip at heels, and that owners considered putting the dog away when plaintiff visited, but decided not to.  The court of appeals also refused to hold that compliance with a local leash law negated an element of plaintiff’s claim when the plaintiff did not allege a violation of the leash law.

Tammy Holt, Of Counsel