JEANETTE CARABELLO VS. PATRICIA CARPENTERÂ (L-1840-14, ATLANTIC COUNTY AND STATEWIDE)
A-3751-15T2
| N.J. Super. Ct. App. Div. | Sep 4, 2017Background
- Plaintiff Jeanette Carabello was bitten in January 2014 by a pit bull named "Bear" residing at defendant Patricia Carpenter's house; she sued for negligence (with husband asserting per quod).
- Bear allegedly belonged to defendant's grandson, Devon, who brought three pit bulls to live at Carpenter's home in August 2013; Devon fed and controlled the dogs but lived there only temporarily.
- Neighbors observed the dogs running unleashed through the neighborhood and chasing people; no license was produced for Bear.
- Prior incident (Dec. 2013): another pit bull, "Vee," allegedly attacked and killed a neighbor's German Shepherd through a fence; defendant reportedly told Devon to "get rid of these dogs."
- On the day of the bite, plaintiff called to Devon to secure the dogs before she opened her gate; Devon laughed, and Bear bit plaintiff while she was shoveling snow; plaintiff suffered leg and back injuries and missed work.
- Trial court granted summary judgment for defendant finding she was not the owner and, as a keeper, liability required knowledge of vicious propensity; appellate court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on common-law negligence claim against homeowner who housed grandson's dogs | Carpenter knowingly harbored vicious dogs and failed to control them; her awareness of prior incidents supports liability | Carpenter was not the dog owner; as a non-owner/temporary harborer she lacked requisite knowledge of viciousness for negligence | Reversed: material factual dispute exists about defendant's knowledge of vicious propensities; summary judgment improper |
| Whether defendant's role (owner vs. keeper/harborer) precludes liability | Focus on defendant's effective control and care of dogs supports treating her as a keeper with potential liability | Emphasized statutory narrow owner definition and that grandson owned the dog | Court treated ownership labels as less important for negligence; keeper/harborer status can give rise to liability if knowledge exists |
Key Cases Cited
- Steinberg v. Sahara Sam's Oasis, 226 N.J. 344 (motions for summary judgment; view evidence in favor of non-moving party)
- Bhagat v. Bhagat, 217 N.J. 22 (standard for summary judgment)
- Pippin v. Fink, 350 N.J. Super. 270 (distinguishing strict liability owner definition from common-law keeper/harborer concepts)
- DeRobertis by DeRobertis v. Randazzo, 94 N.J. 144 (use of owner/harborer terminology to assess knowledge of vicious propensities)