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POZNANSKI EX REL. POZNANSKI v. HORVATH

No. 71S03-0111-CV-592.

788 N.E.2d 1255 (2003)

Alyssa POZNANSKI, a Minor, by her Parent and Next Friend, Heather POZNANSKI and Heather Poznanski, individually, Appellants (Plaintiffs), v. George HORVATH, Appellee (Defendant).

Supreme Court of Indiana.

May 30, 2003.

Attorney(s) appearing for the Case

Daniel H. Pfeifer, Jon A. Criss, Sweeney, Pfeifer, Morgan & Stesiak, South Bend, IN, Attorneys for Appellants.

Lynn M. Butcher, Don G. Blackmond, South Bend, IN, Attorneys for Appellee.

CIVIL TRANSFER

RUCKER, Justice.

The question we address in this opinion is whether the very act of an unprovoked biting by a dog that in the past displayed no vicious tendencies is sufficient by itself for a jury to infer that the animal's owner knew, or should have known, of the dog's vicious tendencies. We grant transfer to hold that it is not.

Facts and Procedural History

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