Dzierwa v. Ori

(Court opinion corrected 10/13/20.) Plaintiff sued for injuries sustained when Defendants' 105-pound dog bit her, asserting claims of negligence and under Animal Control Act. Court properly granted summary judgment for Defendant on common-law negligence claim, as there is no evidence that Defendants knew or had reason to know that their dog was dangerous. Dog was in the care and control of Defendant's brother, who was house-sitting and caring for the dog at time of incident. Because Defendants lacked control over the dog during the relevant time frame, they were not subject to liability under Animal Control Act, and court properly entered summary judgment for Defendants on that claim.(McLAREN and BRIDGES, concurring.)