Gehrts v. Batteen

620 N.W.2d 775 (S.D. 2001)


Cindy visited the home of P to pick up a wreath. Wilbur, Cindy's St. Bernard, was secured in the back of her pickup by a harness that allowed Wilbur to move freely. P asked if she could pet Wilbur. Cindy consented, and as P reached up to pet Wilbur, he bit her in the face. P received extensive medical treatment as a result of those injuries. P sued Cindy and her husband, Jon Batteen (D), to recover for her injuries. P alleged that D was negligent in failing to restrain or control her dog. D moved for summary judgment, which was granted. P appealed.