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The Indiana Court of Appeals will be traveling to Richmond on Monday to hear arguments in a negligence case.
Peggy McElhany was bitten by a pit bull while working at a Rural King in Avon. She sued the dog’s owner, Elizabeth Jordan, for negligence.
Jordan wasn’t with the dog at the time of the bite. She moved for summary judgment on the basis that she lacked knowledge of the animal’s vicious propensity, and she shouldn’t be liable for an incident that occurred when she did not have control of the dog.
The Hendricks County Court granted Jordan’s motion for summary judgment.
On appeal, McElhany argues that summary judgment was inappropriate because there are genuine issues of material fact regarding whether Jordan had knowledge that the dog had a vicious propensity and whether Jordan was negligent in allowing her romantic partner to take the dog out into a public place.
Judge Melissa May, Leanna Weissmann and Peter Foley will be hearing arguments in the case at 11 a.m. on April 14 in Vivian Auditorium at Indiana University East.
The case is Peggy McElhany v. Elizabeth Jordan, 24A-CT-2250.
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