MARSHALL v. CITY OF TULSA

Citations

• 558 P.3d 1220
• 2024 OK 78

Syllabus

¶ 0 Tulsa Animal Welfare, a department within the City of Tulsa, placed a pit bull mix with Loren Poss. Poss went on vacation and left dog with pet-sitter, Sarah Marshall. Dog bit Marshall when she attempted to separate a dog fight. Marshall sued City of Tulsa pursuant to the strict liability dog bite statute, 4 O.S. § 42.1 and common law negligence. The trial court granted City's Motion for Summary Judgment, finding Marshall was an \owner\ of dog and could not recover under 4 O.S. § 42.1 and City did not owe a duty to Marshall. Marshall appealed, and we retained the matter. We hold that Marshall is an \owner\ under 4 O.S. § 42.1 and City did not owe Marshall a duty of care.