By: Derek Hawkins//August 9, 2017//
WI Court of Appeals – District IV
Case Name: David A. Jackson v. Sylvia Matthews Burwell, U.S. Department of Health and Human Services
Case No.: 2016AP1785
Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ.
Focus: Dog Bite – Damages
David Jackson filed this action alleging that he was bitten by a dog owned by Jeffrey Douglas at Jeffrey’s residence and that Ardyce Douglas, Jeffrey’s mother and the owner of the property where the incident occurred, is liable for the resulting injuries. Ardyce moved for summary judgment dismissing Jackson’s claims against her on the ground that she was not an owner of the dog under WIS. STAT. § 174.02 (2015-16) and, therefore, cannot be held liable for damages for any injuries caused by the dog. The circuit court denied the motion, and Ardyce appeals. We conclude that under controlling law the undisputed facts establish that Ardyce was not an owner under the statute. Therefore, we reverse.