Afonso v. Torres

Syllabus

The plaintiff appealed from the trial court's judgment for the defendant after the granting of his motion for summary judgment with respect to the plaintiff's claims asserted pursuant to the dog bite statute (§ 22-357) and common-law negligence. The plaintiff claimed, inter alia, that the court improperly rendered summary judgment despite the existence of genuine issues of material fact as to whether the defendant was the keeper of the dog in question as required for liability under § 22-357. Held: The trial court properly rendered summary judgment for the defendant with respect to the plaintiff's claim pursuant to § 22-357 because there was no genuine issue of material fact regarding the defendant's status as the keeper of the dog, as the defendant's limited actions of bringing the dog outside and securing the dog to his leash, at the request of the dog's owner who was present on the property at the time, did not establish that the defendant exercised control over the dog in a manner similar to that which would ordinarily be exerted by the owner. The trial court properly rendered summary judgment for the defendant with respect to the plaintiff's common-law negligence claim, or with respect to a premises liability claim if her allegations were so construed, because the plaintiff could not prevail on her claim that the defendant owed her a duty of care, as the defendant was not liable for injuries that were inflicted by a dog that was not owned or kept by him and that occurred on a public street. Argued October 10, 2025—officially released April 14, 2026