Donchin

In this dog attack case we conclude the injured plaintiff raised a triable issue whether defendant landlord knew about the vicious propensities of his tenant’s two rottweilers. The landlord filed a declaration denying he possessed this knowledge. We hold plaintiff introduced sufficient evidence casting doubt on the landlord’s credibility to create a triable issue whether he did know the dogs were dangerous. Consequently, we reverse the trial court’s grant of summary judgment in the landlord’s favor.

Facts and Proceedings Below

According to the allegations of the complaint and evidence before the trial court on summary judgment motion, Alpha Donchin took her dog for a walk on January 28, 1991, between the hours of 7 a.m. and 7:30 a.m. While approximately three-quarters of a block from her house, Ms. Donchin and her small shihtzu dog were attacked by tibaldo Antonio Guerrero’s two rottweilers. At first the rottweilers went for the small, 14-pound dog. But when Ms. Donchin intervened by lifting her dog to safety, the rottweilers attacked her, too. The rottweilers continued to attack Ms. Donchin even after she put her dog back down. As a result of this incident, Ms. Donchin…