Prays v. Perryman

Opinion

ROTH, P. J.

In this dog bite case, plaintiff Rosa Prays appeals from the summary judgment granted defendant Lolorna Perryman on the ground of assumption of risk. The defense theory in essence is “since I am a dog, beware my fangs.” (The Merchant of Venice, act III, scene iii.)

Defendant and her mother brought defendant’s dog, a collie-Doberman mix, to H & A Feed and Pet Supplies, Inc., where plaintiff worked as a pet groomer. At her deposition, plaintiff, a Latvian immigrant, described the relevant events:

[1135]

“A What happened, when I walked in the store, I was told there is a dog for me in a cage. And the owners, I didn’t know who they were, they were leaving through the hallway. And when I went in the area I can hear the dog was growling and going crazy in the cage.

“That’s the time I went back to get the owners and ask if they are the owners. And I asked them to come back. And that’s when the conversation started. I asked them if there is something wrong with the dog because it looks to me like the dog can bite because he is growling and he is going crazy in the cage.

“And they are telling me that the dog didn’t bite nobody before. So I told them that I am not going to take the dog out from the cage, and the reason I said I’m not going to do it is because I don’t know their dog at all, and the way he do it is because I don’t know their dog at all, and the way he act, he can bite. I said, ‘If you want to take your dog out, and then we can see if the dog can be done, maybe, or maybe not, or are we going to take him home or are we going to muzzle him. We don’t know. We only can see after we take the dog out from the cage and hold him. That’s it.’

“Q And then they took the dog out of the cage?

“A Yeah, and the lady had him on the leash.

“Q And then what happened?

“A And then she said, ‘Yes, he calms down.’

“Q Calms down?

“A ‘The dog,’ she said, ‘is calming down. So maybe you will be friends.’