FOUTS EX REL. JENSEN v. MASON

No. 97-2230.

592 N.W.2d 33 (1999)

Tiffany FOUTS, A Minor, By Her Parent and Next Friend, Tracy JENSEN, Appellant, v. Mary MASON, Defendant, Winifred Barker, Appellee.

Supreme Court of Iowa.

As Amended on Denial of Rehearing May 17, 1999.

Rehearing Denied May 25, 1999.


Attorney(s) appearing for the Case

Anthony F. Renzo of Babich, McConnell & Renzo, Des Moines, for appellant.

Joseph P. McLaughlin and Mark J. Wiedenfeld of Wiedenfeld Law Office, Des Moines, and Sharon Soorholtz Greer of Cartwright, Druker & Ryden, Marshalltown, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and CADY, JJ.


LAVORATO, Justice.

The plaintiff, Tiffany Fouts, through her mother, Tracy Jensen, appeals from a summary judgment ruling dismissing her claim against the defendant, Winifred Barker. Fouts seeks damages against Barker for personal injuries she received from a dog bite on property Barker owned. Fouts alleges two theories: strict liability under the provisions of Iowa's dog bite statute, Iowa Code section 351.28 (1997), and premises liability. The district court held...

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