Cowan v. Carillo
771 S.E.2d 86
Ga. Ct. App.2015Background
- Plaintiffs E. G. and Y. G. were bitten by a pit bull on the Gwinnett County rental property shared by the parties.
- Owners Cowan and Arechiga rented the other half of the duplex; the pit bull was later found unrestrained and aggressive near the common yard.
- Plaintiffs sued under OCGA § 51-2-7 for negligence in animal restraint and management.
- Trial court granted partial summary judgment that the dog was not properly restrained under local ordinance; jury awarded $150,000 jointly and severally against the defendants.
- Trial court instructed the jury only to determine damages, purporting that negligence as to restraint had been settled, which the court later reversed on appeal.
- This Court reverses and remands for a new trial because carelessly managing the dog remained a jury issue capable of supporting a different verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by removing carelessly managed dog from jury consideration. | Plaintiffs argue trial court implicitly found carelessness through restraint ruling. | Defendants contend only restraint was resolved; carelessness was not raised in motion. | Yes, error; issue must go to the jury. |
| Whether evidence supported negligence under OCGA § 51-2-7 apart from restraint. | Evidence could support careless management based on prior escapes. | Evidence did not conclusively show careless management by both owners. | There is a factual dispute; directed verdict was improper. |
Key Cases Cited
- Hackett v. Dayton Hudson Corp., 191 Ga. App. 442 (Ga. App. 1989) (requires careless management showing beyond restraint)
- Stennette v. Miller, 316 Ga. App. 425 (Ga. App. 2012) (leash-violation evidence relieves but does not compel proof of careless management)
- Huff v. Dyer, 297 Ga. App. 761 (Ga. App. 2009) (leash-violation evidence does not itself prove carelessness)
- Goodman v. Kahn, 182 Ga. App. 724 (Ga. App. 1987) (owner's roommate could not prove careless management)
- Evans-Watson v. Reese, 188 Ga. App. 292 (Ga. App. 1988) (question of fact on careless management where owner’s daughter opened escape gate)
- Stennette v. Miller, 316 Ga. App. 425 (Ga. App. 2012) (see above)
- Pendarvis Constr. Corp. v. Cobb County-Marietta Water Auth., 239 Ga. App. 14 (Ga. App. 1999) (reversing based on substantially erroneous jury charge on primary issue)
- Sun Nurseries, Inc. v. Lake Erma, LLC, 316 Ga. App. 832 (Ga. App. 2012) (directed verdict review standard; evidence must demand verdict)
- Turner Broadcasting System, Inc. v. McDavid, 303 Ga. App. 593 (Ga. App. 2010) (status of ordinance-related interpretation in damages context)