Butcher

Apellant Carol Butcher was an overnight guest at the home of Donald and Peggy Gay in Pine Mountain on August 4, 1990. On February 20, 1991, appellant filed this action against respondent Donald Gay. She alleged that she had contracted Lyme disease “as a result of exposure to infested ticks” on respondent’s property, and that respondent had “failed to spray the area, post signs or prevented [szc] domestic dog(s) from coming into contact with the plaintiff thereby exposing her to a vector of the disease without her knowledge.” Her third amended complaint presented two causes of action, one entitled “premises liability” and one entitled “general negligence.” Both causes of action alleged in essence that respondent had negligently permitted his dog to become infested with a Lyme-disease-carrying “western black legged tick,” had negligently failed to warn appellant to avoid exposure to the dog, and had negligently allowed the dog to sit on appellant’s lap. Respondent’s answer, filed in January 1992, denied the allegations of appellant’s third amended complaint.

Respondent moved for summary judgment. He contended that certain undisputed facts demonstrated that he “owed no duty…