Gilbert v. Miller
South Carolina Court of Appeals
356 S.C. 25, 586 S.E.2d 861 (2003)
- Written by Kyli Cotten, JD
Facts
Marvin Miller (defendant) resided with his dog in an apartment. Toya Abbatiello (defendant) leased the apartment to Miller. The lease between Abbatiello and Miller stated that pets were not allowed absent the approval of the landlord and detailed who would be responsible should any property damage arise due to a pet. Patsy Ann Gilbert (plaintiff) was visiting a tenant who lived in the same apartment complex as Miller when she was attacked by Miller’s dog. Gilbert subsequently filed suit against both Miller and Abbatiello for her injuries. Abbatiello moved for summary judgment, and the court granted the motion, holding that Abbatiello could not be held vicariously liable. Gilbert appealed, arguing that the lease created a duty for Abbatiello to prevent harm from being committed by her tenant’s dog.
Rule of Law
Issue
Holding and Reasoning (Connor, J.)
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