Joe Longfellow represented the owner (landlord) of a mobile home. The landlord permitted the tenant to have a dog. He was told the dog would be an inside dog that was kept in a kennel. The landlord was told the dog was a gray mixed breed, but never saw the dog during the lease. Throughout the lease, there were no complaints about the dog. However, one day, while the dog was outside with the owner, it got away from the owner and chased someone on a local public trail, causing them to fall off their bike. This incident led to the filing of a lawsuit against the tenant, landlord and the real property owner.
Prior to this incident, neither the landlord nor the tenant had any idea the dog was or could be aggressive. There were no prior incidents when the dog bit someone or even chased anyone.
The evidence developed in discovery established there was a lack of knowledge on the part of the landlord or the tenant regarding the dog being aggressive or dangerous. Consequently, Joe Longfellow was able to secure a dismissal with prejudice following his client's deposition without having to file any motions.