Severson v. Ring
Illinois Appellate Court
615 N.E.2d 1 (1993)
- Written by Rich Walter, JD
Facts
Donna Ring (defendant) was caring for two-year-old Bryan Villareal (plaintiff) and five other children when David Herborn asked and received Ring’s permission to chain Herborn’s dog Samson to a tree in Ring’s yard while Herborn performed a brief errand. Herborn told Ring that Samson could become nervous and threatening when he was chained up. Accordingly, Ring obeyed Herborn’s instructions not to approach or care for Samson in any way while Herborn was gone. Ring did not know that Samson had bitten a toddler just three weeks earlier. Bryan and some of the other children were playing when, apparently, Bryan came too close to Samson. The dog bit Bryan’s face, inflicting serious injury. Bryan’s mother, Zarita Severson (plaintiff), sued Ring on Bryan’s behalf. One count charged Ring with liability for damages as Samson’s “owner” under the Illinois Animal Control Act (ACA). A second count sought to recover damages for Ring’s alleged common-law negligence. The trial court summarily dismissed both counts. Severson and Bryan appealed to the Illinois Appellate Court.
Rule of Law
Issue
Holding and Reasoning (McCuskey, J.)
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