Smith by Smith v. Pitchford
Illinois Appellate Court
219 Ill. App. 3d 152, 579 N.E.2d 24 (1991)
- Written by Kyli Cotten, JD
Facts
Paul Smith (plaintiff) was an eight-year-old child who went over to play with the daughter of Kathy Pitchford (defendant). As Paul and another child approached the home on their bikes, they saw Kathy barbecuing in the front yard. Paul asked whether Kathy’s daughter was home, and she replied that she was not. Paul then approached the fence of the property and was met by the Pitchford family dog, Roscoe. Paul had previously met the dog and said “Hi, Roscoe,” before reaching to pet the dog. After a short interaction, the dog jumped up and bit Paul on the face. The attack left Paul with wounds requiring stitches and permanent facial scarring. Paul’s mother, Linda Smith (plaintiff), filed suit as mother and next friend of Paul. The complaint alleged negligence per se under the Illinois Animal Control Act. At trial, the jury returned a verdict for Pitchford. Smith moved for the court to enter a judgment notwithstanding the jury’s verdict on the issue of liability, arguing that Pitchford was strictly liable under the act. The trial court denied the motion, and Smith appealed.
Rule of Law
Issue
Holding and Reasoning (Chapman, J.)
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