Cormier v. Willis, 313 Ga. App. 699

This is an appeal from a Georgia trial court’s grant of summary judgment for a defendant in a dog-bite case.
Cormier, an employee of a home healthcare provider, was bitten in the driveway of Joseph Willis’ Augusta residence by a pit bull owned by Carmaleita Willis.
Carmaleita had the dog, Kain, with her at the time; Joseph Willis was not home and was out of state on vacation.
Cormier filed under OCGA § 51-2-7, alleging liability for a dangerous animal due to careless management or an animal at liberty.
The trial court concluded Joseph Willis neither owned nor kept the dog, and granted summary judgment for him; the appeal followed.
The court affirmed, holding the record shows Carmaleita owned and controlled the dog at the time of the incident.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a local dog-liability ordinance was properly proved and considered.	Cormier seeks application of the local ordinance.	No proper record or certified copy was provided.	Record lacks proof; ordinance cannot be judicially enforced.
Whether Joseph Willis was owner or keeper of the dog under OCGA § 51-2-7.	Cormier claimed Willis owned or kept the dog.	Evidence shows Carmaleita Willis owned and controlled the dog; Joseph was not keeper.	No genuine issue; Carmaleita owned the dog and Joseph was not keeper.

Thorsen v. Saber, 288 Ga. 18 (2010) (procedural rule about proof of ordinances; judicial notice requirements)
Kensington Partners v. Beat Bank Nevada, 311 Ga.App. 196 (2011) (admissions in judicio binding; ownership established by pleadings and testimony)
Goodman v. Kahn, 182 Ga.App. 724 (1987) (owner/keeper analysis for dog liability)
Johnston v. Warendh, 252 Ga.App. 674 (2001) (agency/owner-absentee ownership context; distinguished here due to ownership in this case)
Coosa Valley Tech. Coll. v. West, 299 Ga.App. 171 (2009) (admissions in pleadings; ownership determinations for liability)
Stolte v. Hammock, 311 Ga.App. 710 (2011) (summary judgment standard and review)