Posts Tagged “appellate court”

High Court Reaffirms Ruling in Tracey v. Solesky

by colleen lynn.

Annapolis, MD – In a rare decision by the high court to grant a motion for reconsideration, the Maryland Court of Appeals narrowed its April, 26 2012 ruling in Tracey v. Solesky by limiting its ruling only to pit bulls and removing the terms: cross-breds, pit bull mix, or cross-bred pit bull mix. The Court narrowed its original Opinion because the case before them, Tracey v. Solesky, had no references to cross-bred pit bulls. The dog in question in Tracey was a “pit bull terrier.”

The Court’s holding that “pit bulls are inherently dangerous” still stands, as does strict liability for their owners and landlords when a tenant’s pit bull attacks. – DogsBite.org

Learn more: Maryland dog bite victim advocacy

Founder Responds to Court of Appeals Ruling on CBS This Morning

by colleen lynn.

“In Maryland now, if your pit bull bites, negligence no longer needs to be proven. Under the ruling, not just pit bull owners, but landlords who have the dogs living on their property are now liable for their actions … Colleen Lynn, who runs an education website about dangerous dogs called DogsBite.org, wrote a brief to the Maryland court supporting the decision. She told CBS News, “When they attack, they don’t stop. This is what ends up killing people. Pit bulls are the top killing dog breed.”

View: Related news article

Announcement: Amicus Brief Filing

by colleen lynn.

Pit Bull Attack Victims May Have New Hope to Recover from Landlords After Maulings
DogsBite.org files amicus brief in landmark appeals case that hopes to expand liability out to landlords when a tenant’s pit bull attacks. Personal injury attorneys may soon have a new argument in their tool chest and landlords may have new concerns.
DogsBite.org, a national dog bite victims’ group dedicated to reducing serious dog attacks, announces amicus brief filing in Solesky v. Tracey, recently argued in the Court of Appeals of Maryland. The case involves the parents of a young boy seeking damages for injuries inflicted by a pit bull owned by a landlord’s tenant. Using a new legal theory, the plaintiff hopes to uphold that landlords may be liable when a tenant’s pit bull attacks a person.

See: Full news release
See: Amicus brief in support of plaintiff, Solesky v. Tracey
See: Oral arguments in the Court of Appeals of Maryland
(September Term 2011 / 01-09-12)