Askew v. Rogers, 326 Ga. App. 24

Plaintiff Earnestine Rogers was injured when a pitbull owned by Shelah and Eddie Askew ran from the Askews’ property, jumped on her, growled, nipped her thigh, and she fell sustaining a wrist injury.
The dog normally stayed in a cage behind the Askews’ house; Shelah testified she let the dog out briefly around 4:00 p.m., then returned him to the cage and may have forgotten to lock it, though the dog had never escaped before.
At the time of the incident the dog was not on a leash; Shelah attempted to call and grab the dog but it did not obey immediately.
Tifton/Tift County Animal Control cited the Askews for violating the local leash ordinance (which they paid); Animal Control had previously observed the dog roaming.
Rogers moved for partial summary judgment on negligence under OCGA § 51-2-7 based on the ordinance violation; the trial court granted the motion.
On appeal the Court of Appeals reversed, finding a genuine issue of material fact whether the Askews ‘‘carelessly managed’’ the dog at the time of the injury and therefore summary judgment was improper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Askews were negligent as a matter of law under OCGA § 51-2-7	Rogers: Ordinance violation (dog not leashed) plus injury establishes vicious animal and careless management as matter of law	Askews: Evidence shows dog was caged and possibly escaped accidentally; Eddie absent; Shelah did not knowingly let dog loose — facts disputed	Reversed: genuine issue of material fact exists on careless management; summary judgment improper

Bomia v. Ben Hill County School Dist., 320 Ga. App. 423 (review of summary judgment de novo)
Harper v. Robinson, 263 Ga. App. 727 (uncertain or speculative inferences insufficient on summary judgment)
Evans-Watson v. Reese, 188 Ga. App. 292 (owner’s claim of secure restraint may still leave fact issue)
Hackett v. Dayton Hudson Corp., 191 Ga. App. 442 (elements for liability under § 51-2-7 include careless management or ordinance violation)