Atkinson v Santore
N/AOUTCOME: Summary judgment Granted and Affirmed by the Connecticut Appellate Court
The Plaintiff brought a personal injury action under Conn. Gen. Stat. § 22-357 (the dog bite statute). The plaintiff claimed that while she was babysitting for the defendant's children she was potentia ... lly exposed to rabies from her interactions with the defendant's dogs. The defendant filed a Motion for Summary Judgment claiming that that at all times the dogs acted involuntarily, passively and innocently, and therefore they did not “do any damage” to the Plaintiff which is required pursuant to Conn. Gen. Stat. §22-357. On April 19, 2011, the trial court granted the defendant’s motion for summary judgment. On April 24, 2012, the Appellate Court affirmed the trial court decision and held that strict liability under §22-357 does not extend to damage caused by a dog’s merely passive, and thus, innocent or involuntary, behavior. Atkinson v Santore, 135 Conn. App. 76, 83 (2012).