KENNEDY v. HAWLEY

No. COA97-245.

494 S.E.2d 787 (1998)

Marty C. KENNEDY, Plaintiff, v. Clarice HAWLEY, Administratrix of Keith Ray Hawley, Deceased, Defendant.

Court of Appeals of North Carolina.

January 6, 1998.


Attorney(s) appearing for the Case

Michael B. Brough & Associates by Alison A. Erca, Chapel Hill, for plaintiff-appellant.

Battle, Winslow, Scott & Wiley, P.A. by J. Brian Scott and M. Greg Crumpler, Rocky Mount, for defendant-appellee.


GREENE, Judge.

Marty C. Kennedy (Plaintiff) appeals entry of summary judgment for Keith Ray Hawley (Defendant).

On 19 September 1990, Defendant took his fifteen-month-old dog, a Labrador retriever named Ranger, to Birchwood Country Club to fetch sticks. Ranger was not restrained by a leash, but had been trained to sit and stay on Defendant's command. Plaintiff was bicycling down an adjacent road when Ranger "charged" her bicycle, causing Plaintiff to fall...

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