United States

Displaying 4101 - 4110 of 4473
Titlesort ascending Summary
Booth v. State of Arizona


Motorist struck an elk lying on the side of the interstate highway and sued the state for negligence.  The Court held that the state could be held liable for negligence and that the jury finding that the state breached its duty to keep the highway safe was supported by the evidence.

Boosman v. Moudy

In this Missouri case, an action was brought on behalf of a child who was bitten by a dog (a large dog of the malemute breed). After the lower court entered judgment against the dog owner, the owner appealed. The Court of Appeals held that the plaintiff's evidence demonstrated that the dog had become ill-natured and had acquired the persistent menacing habit of growling, bristling and snapping at people. Such behavior was repeatedly brought to the attention of the owner's wife prior to time dog bit child. This evidence, together with owner's evidence that his daughter had encouraged the dog to play tug-of-war with her clothing, supported the verdict in favor of the plaintiff that the injury to child resulted from the propensity of the dog to do bodily harm, either in anger or from playfulness.
Bonner v. Martino


Plaintiff-housekeeper brought an action against her employers and their liability insurance providers after the employers' dog jumped up on a door that subsequently injured the plaintiff.  In affirming the trial court's granting of defendants' motion for summary judgment, the appellate court held that

housekeeper did not demonstrate that dog presented an unreasonable risk of harm. 

Bone v. Vill. Club, Inc. This case dealt with a woman's request to have her emotional-support dog live with her before purchasing land in a mobile home community, known as Brookhaven. Prior to purchasing her lot, the plaintiff allegedly received permission from the president of Brookhaven's board of directors to keep her dog, even though the plaintiff was purchasing a lot in the "no pet" section of Brookhaven. The plaintiff provided the president of the board with the documentation requested, and the president told plaintiff she had been approved by the board to have her dog. Approximately one year after plaintiff purchased her lot, Brookhaven's attorney sent a letter requesting that plaintiff remove her dog, citing Brookhaven's policies disallowing her dog. After several letters sent back and forth between plaintiff's attorney and Brookhaven's attorney concerning requirements of the Fair Housing Act and the party's respective actions, both parties cross-moved for summary judgement. The court held that 1) genuine issue of material fact existed as to whether tenant had an actual disability; 2) landlord was not prejudiced by tenant's untimely disclosure of expert report; 3) genuine issue of material fact existed as to whether landlord constructively denied tenant an accommodation; and 4) genuine issue of material fact existed as to whether landlord retaliated against tenant for requesting a disability accommodation. As a result, all motions for summary judgement were denied.
Boling v. Parrett


This is an appeal from an action claiming conversion when police officers took animals into protective custody.  Where police officers acted in good faith and upon probable cause when a citation was issued to an animal owner for cruelty to animals by neglect, then took the animals into protective custody and transported them to an animal shelter, there was no conversion.

Bohan v. Ritzo


In this New Hampshire case, a bicyclist brought suit against a dog owner under the state's strict liability statute for injuries he sustained when he fell from his bike after the owners' dog ran toward him. The jury awarded him $190,000 at trial. On appeal, this court found that the bicyclist's allegations were sufficient to sustain the jury's finding even though there was no evidence that the dog actually bit the plaintiff or made any physical contact. The Court held that there is nothing in the plain language of RSA 466:19 that would limit the statute's application actual bites or other direct physical contact. Instead, the statute makes dog owners strictly liable to “[a]ny person to whom ... damage may be occasioned by a dog not owned or kept by him.” RSA 466:19.







 
Bogart v. Chapell


A woman was housing hundreds of animals in her residential home, the animals were seized and more than two hundred of them were euthanized.  The woman brought a section 1983 claim against the county sheriff's department and human society.  The trial court granted defendants summary judgment and the Court of Appeals affirmed holding no viable due process claim existed arising from the euthanization. 

Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham


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.

Blake v. County of Wyoming

The City of Wyoming filed an appeal after the court dismissed the City’s motion for summary judgment. The initial law suit was filed by Cassandra Blake after she sustained injuries from a dog bite at the Wyoming County Animal Shelter. Blake was working at the shelter as a volunteer dog walker when the incident occurred. Blake filed suit against the City of Wyoming on the basis of strict liability. The Court of Appeals reversed the lower court’s decision to deny the City’s motion for summary judgment on the basis that the City did not have actual or constructive knowledge that the dog had vicious propensities. The Court of Appeals rejected Blake’s argument that the City did have knowledge because the shelter was aware that the dog had previously knocked over a four year old child. The Court of Appeals found that this behavior was not notice to the shelter that the dog had any propensity to bite. As a result, the Court of Appeals reversed the lower court’s decision and granted the City’s motion for summary judgment.

Black v. Coughlin


Prisoner brought action under § 1983 against commissioner of state department of correctional services to recover damages for punishment imposed as a result of improperly conducted disciplinary hearing.

Pages