Justia Washington Supreme Court Opinion Summaries

Articles Posted in Animal / Dog Law
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This case involved a premises liability claim brought by a visitor against landlords for an injury caused by the tenants’ dog. The question was whether the landlords, Ernesto and Teri Hernandez, owed a duty to petitioner Maria Saralegui Blanco. The tenants, David Gonzalez Sandoval, Alexandra Barajas Gonzalez, and Elvia Sandoval, rented single family home owned by the landlords. While visiting the home, Saralegui Blanco was attacked and bitten by the tenants’ dog. Saralegui Blanco sued, alleging the tenants and landlords were negligent and liable for her injuries. The trial court dismissed the claims against the landlords on summary judgment. The Washington Supreme Court granted direct review and affirmed the trial court’s grant of summary judgment, dismissing Saralegui Blanco’s premises liability claim against the landlords: petitioner failed to establish a genuine issue of material fact that the landlords possessed the land, retained control over the premises or the dog, or created a dangerous condition. View "Saralegui Blanco v. Gonzalez Sandoval" on Justia Law

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Petitioner Pamela Deskins challenged the sentence she received after a jury found her guilty of a misdemeanor violation of the cruelty to animals statute. On appeal to the Supreme Court, she argued: (1) the trial court abused its discretion when it prohibited her from owning or living with animals as a condition of probation; (2) that the trial court abused its discretion when it ordered her to forfeit any remaining animals to the Stevens County Sheriffs Office after giving her seven days to find them new homes; and (3) the trial court violated her due process rights by proceeding to sentencing 22 minutes after the verdict and imposing restitution to reimburse the county for animal care. The Supreme Court held that the forfeiture challenge was moot, and affirmed the Court of Appeals on all other issues.View "Washington v. Deskins" on Justia Law