Ajax v. Dota ( 2012 )

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Laura Ajax, Appellant,

v.

Paul Dota and Paul Richards, Respondents.

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Appeal From Charleston County
R. Markley Dennis, Jr., Circuit Court Judge

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Unpublished Opinion No. 2012-UP-261    
Submitted April 2, 2012 – Filed May 2, 2012

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AFFIRMED

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Demal I. Mattson, Jr., of Mount Pleasant, for Appellant.

Christopher W. Nickels, of Charleston, for Respondent.

PER CURIAM: Laura Ajax appeals the circuit court's grant of summary judgment in favor of Paul Dota, arguing the circuit court erred in finding no genuine issue of material fact existed as to Dota's status as a caretaker or keeper of the dog that attacked her.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 47-3-110 (1987) ("Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place . . . the owner of the dog or other person having the dog in his care or keeping . . . is liable for the damages suffered by the person bitten or otherwise attacked."); Harris v. Anderson County Sheriff's Office, 381 S.C. 357, 363, 673 S.E.2d 423, 426 (2009) ("Where the person is injured while the dog is in the care or keeping of someone who is not the dog's owner, the injured party may pursue a statutory claim against the owner of the dog or the other person having the dog in his care or keeping." (emphasis added)).

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.

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[1] We decide this case without oral argument pursuant to Rule 215, SCACR.