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Steinberg v. Petta

501 N.E.2d 1263 (1986)

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Steinberg v. Petta

Illinois Supreme Court
501 N.E.2d 1263 (1986)

RW

Facts

Lawrence Petta (defendant) hired an agent to rent and manage a small apartment building located four blocks from Petta’s house. The agent permitted two of the tenants to keep a 65-pound dog. When neighbors complained that the dog was noisy, messy, and bothersome, the agent responded by allowing the tenants to erect a low-fenced enclosure for the dog’s use. One day, as 11-year-old James Steinberg (plaintiff) and other boys were playing near the enclosure, the dog jumped over the fence and bit Steinberg on the nose, inflicting serious injury. Steinberg sued Petta for damages, invoking both common-law negligence and the Illinois Animal Control Act (ACA). The trial court dismissed the negligence count for lack of any evidence that Petta was personally aware of the dog’s vicious nature. The case proceeded to trial on the ACA count. At trial, Steinberg’s lawyer pointed out that the value of Petta’s apartment building was enhanced by the fenced enclosure that the tenants erected at no cost to Petta. The lawyer also pointed out that the dog’s presence provided extra security for the building. The jury awarded Steinberg damages, and the trial court entered judgment accordingly. The Illinois Appellate Court confirmed that judgment on appeal. Petta appealed to the Illinois Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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