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PHIEL v. BOSTON

No. A03A1155.

586 S.E.2d 718 (2003)

262 Ga. App. 814

PHIEL v. BOSTON.

Court of Appeals of Georgia.

August 20, 2003.

Attorney(s) appearing for the Case

Richard E. Johnson, Atlanta, Angelyn M. Wright, for appellant.

Strawsinski & Goldberg, James S. Strawsinski, Nicole W. Stout, for appellee.

PHIPPS, Judge.

Chad Phiel sued Russell Boston to recover actual and punitive damages for injuries sustained when he was attacked by Boston's Rottweiler dog. To recover in a dog bite case, the plaintiff must show either that the animal was not "at heel or on a leash" as required by a local ordinance at the time of the incident or that the owner knew that the dog had the propensity to commit the act that caused the injury.1 At trial, the...

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