Saturday, July 13, 2019

Interlocutory Appeals: July 12

The Court granted an interlocutory appeal today:

S&S Towing & Recovery, Ltd. et al. v. Michael Charnota, asking the parties

"Does the second sentence of OCGA 51-2-7 violate procedural due process?"

OCGA 51-2-7 provides that "A person who owns or keeps a vicious or dangerous animal of any kind who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heal or on a leash."

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