Frost v. Robave, Inc.
Illinois Appellate Court
694 N.E.2d 581 (1998)
- Written by Rich Walter, JD
Facts
Jeffrey Roberts and his friend owned and operated Robave, Inc. (defendant), a business headquartered just downstairs from the apartment where Roberts lived with his dog, Jake. Roberts frequently found it convenient to take Jake with him to work. Roberts stocked Robave’s office with food and water for Jake’s use on those occasions. Otherwise, Roberts fed, watered, and cared for Jake at home. Jake never stayed at the office overnight or when the office was closed. One evening, four hours after the office closed for the day, Jake broke loose from Roberts’s apartment and wandered downstairs to the office’s doorstep. There, Jake began tussling with a dog owned by Roberts’s neighbor, Kenneth Frost (plaintiff). When Frost tried to separate the dogs, Jake bit Frost, inflicting serious injury. Frost sued Roberts and Robave for damages. The trial court found that, for purposes of the Illinois Animal Control Act (ACA), Robave was not Jake’s “owner.” The court summarily dismissed Robave from the case. Frost appealed to the Illinois Appellate Court.
Rule of Law
Issue
Holding and Reasoning (Rakowski, J.)
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