Jackson v. Mateus

70 P.3d 78 (2003)

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Jackson v. Mateus

Utah Supreme Court
70 P.3d 78 (2003)

Facts

Jackson (plaintiff) was the owner of four cats. One morning, Jackson noticed a yellow cat sitting on the deck of her home and mistook it for one of her own. Thus, Jackson opened the door to pet the cat. The cat bit Jackson, which caused an infection and subsequently aggravated an autoimmune disorder that she previously had under control. Thus, Jackson brought suit against her neighbors, the Mateuses (defendants), who owned the cat. In her complaint, Jackson alleged that the Mateuses acted negligently in allowing the cat to roam freely and to attack her. The Mateuses filed a motion for summary judgment. The trial court granted the motion and held that the Mateuses had no duty to restrain their cat. Jackson appealed.

Rule of Law

Issue

Holding and Reasoning (Durrant, J.)

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