South Dakota Supreme Court
620 N.W.2d 775 (S.D. 2001)
Gehrts (plaintiff) was bitten by a St. Bernard owned by Nielsen (defendant) while Nielsen was visiting Gehrts’ home. Nielsen had her dog tied up in the back of her truck. Gehrts asked Nielsen if she could pet the dog, and Nielsen agreed. As Gehrts approached, the dog bit her in the face and caused extensive injuries. Gehrts brought suit against Nielsen and her husband, Batteen (defendant) for strict liability and negligence. The trial court held for Nielsen and Batteen, and Gehrts appealed.
Rule of Law
Holding and Reasoning (Gilbertson, J.)
Dissent (Sabers, J.)
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