RV park obtains summary judgment, other defendant non-suited in dog bite suit

David Yates Jul. 14, 2011, 5:35am

Two defendants in a dog-bite lawsuit have escaped the litigation, with one receiving summary judgment and the other being non-suited by the plaintiff.

As previously reported, Rosemary Morris filed suit against Kountry Rentals and Richard Vickers on Oct. 18 in Jefferson County District Court, claiming she was attacked by a dog while on the RV park's premises.

Kountry Rentals obtained a summary judgment ruling in its favor on May 27. A week later, Vicker's was non-suited by Morris on June 6, court papers say.

Judge Donald Floyd, 172nd District Court, signed both orders dismissing the defendants.

Court records show that on Aug. 19, 2010, Morris had entered her sister's trailer when a black Labrador retriever, owned by a woman named Charlie staying with her sister, bit her.

Kountry Rentals filed its motion for summary judgment on April 28, arguing it has no control over the animals tenants choose to keep in their trailers and that there is no evidence showing any negligence on its part.

In her suit, Morris had alleged Kountry Rentals had a duty to protect her from dangerous hazards, such as vicious dogs living in her sister's trailer.

Morris was suing for past and future mental anguish, medical expenses, loss of earning capacity and pain.

She was represented by Dallas attorney Dean Malone.

Beaumont attorney Michael Getz represented Kountry Rentals.

Case No. E188-622

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