Solorio v. Rodriguez
987 N.E.2d 452
Ill. App. Ct.2013Background
- On March 10, 2010, James Solorio III was bitten by a pit bull owned by Anthony Rodriguez on premises adjacent to Solorio's home at 10841-10843 South Ave O in Chicago.
- The Premises were leased by Rodriguez and held in trust by Standard Bank & Trust Company for the benefit of Zahan Shatat, the landlord.
- Plaintiffs filed a first amended complaint against Rodriguez, Shatat, and Standard Bank; counts I-III address Rodriguez; counts IV-V address Shatat and Standard Bank.
- Count IV alleged private nuisance due to a broken gate and the dog being harbored; Count V alleged negligence for Shatat's knowledge of a dangerous dog and failure to maintain the gate.
- Shatat moved to dismiss counts IV-V under 2-619; the trial court dismissed them; on appeal, the issue is whether those counts were properly dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the private nuisance claim was properly dismissed | Solorio argues Shatat allowed a dangerous dog and a broken gate to cause invasion. | Shatat asserts no substantial invasion and no duty since he did not own/control the dog. | Yes, affirmed dismissal; no substantial invasion. |
| Whether the negligence claim was properly dismissed on duty grounds | Solorio argues Shatat owed a duty to prevent escape of a dangerous dog. | Shatat contends no duty since he did not own/control the dog and the injury occurred off premises. | Yes, affirmed dismissal; no duty owed to protect off-premises victims. |
Key Cases Cited
- Klitzka v. Hellios, 348 Ill. App. 3d 594 (Ill. App. 2004) (landlord owes no duty for tenant’s dog off premises where landlord lacks control)
- In re Chicago Flood Litigation, 176 Ill. 2d 179 (Ill. 2007) (private nuisance requires substantial, unreasonable invasion; not satisfied here)
- Dobbs v. Wiggins, 401 Ill. App. 3d 367 (Ill. App. 2010) (private nuisance requires substantial and offensive conditions; barking dogs example)
- Woods v. Khan, 95 Ill. App. 3d 1087 (Ill. App. 1981) (odors/flies case illustrating nuisance standards)
- Kimbrough v. Keenum, 68 So. 3d 738 (Miss. Ct. App. 2011) (majority view that landlords not responsible for off-premises dog injuries)