Jury verdict for Defendants in a case filed by their neighbor under Animal Control Act for knee injuries sustained when he slipped and fell, in his garage, while running from Defendants' dog, while he was carrying his 19-month-old daughter. Evidence that dog did not leave Defendants' property. Jury had a basis for concluding that dog never got close to Plaintiff or went onto Plaintiff's property. Differing inferences could be drawn from testimony, and verdict is not against manifest weight of evidence. Court gave IPI Civil instruction 110.04, which accurately reflects section 16 of Animal Control Act. Court did not abuse its discretion in refusing to give non-IPI instruction Plaintiff tendered to define the phrase "attacks, attempts to attack, or injures", as that phrase has a commonly understood meaning. (CONNORS and SIMON, concurring.)
Illinois Appellate Court
Civil Court
Animal Control Act