Defendant and Appellant. ) Super. Ct. No. DR010121
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Plaintiff Marta Priebe, a commercial kennel worker, brought this action against defendant Russell Nelson for personal injuries suffered when she was bitten and seriously injured by Nelson's dog while it was boarded at the kennel that employed her. Priebe appealed from the trial court's order denying her motion for judgment notwithstanding the defense verdict, arguing a directed verdict should have been entered in her favor on her strict liability claim brought under Civil Code section 3342 (section 3342), commonly referred to as the â€
Description
Veterinarian's rule under which dog owners who contract with veterinarians to treat their dogs are exempt from liability, should their dog bite a veterinarian during treatment, also bars kennel worker's strict liability claim against a dog owner under Civil Code Sec. 3342 for injuries sustained from a dog bite or attack while worker was caring for owner's dog boarded at kennel. Kennel worker's allegations that dog owner failed to disclose that dog was predisposed to bite and attack people could be relevant on retrial to common law strict liability and negligence causes of action. This action may be maintained if owner of a domestic animal that bites or injures another person knew or had reason to know of animal's vicious propensities.
