Vt. — Eric Gross and Adrianne Gross v. Elizabeth Turner and Antonio Flores

NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal
revision before publication in the Vermont Reports. Readers are requested to notify the Reporter
of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109
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before this opinion goes to press.

2018 VT 80

No. 2018-018

Eric Gross and Adrianne Gross Supreme Court

On Appeal from
v. Superior Court, Rutland Unit,
Civil Division

Elizabeth Turner and Antonio Flores May Term, 2018

Samuel Hoar, Jr., J.

Thomas C. Bixby of Law Offices of Thomas C. Bixby, LLC, Rutland, for Plaintiffs-Appellants.

Daniel L. Burchard of McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, for
Defendant-Appellee Turner.

Bruce Palmer of Downs Rachlin Martin PLLC, St. Johnsbury, for Defendant-Appellee Flores.

PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.

¶ 1. REIBER, C.J. In this negligence action, we consider whether a landlord and a

social guest of a tenant may be held liable for injuries caused by the tenant’s dogs to a third person

outside of the landlord’s property. We conclude that plaintiffs failed to establish that either

defendant owed a duty of care to the injured plaintiff in this case, and therefore affirm.

¶ 2. The following facts were undisputed for purposes of summary judgment. On

January 15, 2016, Antonio Flores, his wife, and their two young children arrived at the residence

of William and Charity Pearo in Fair Haven. The Pearos had invited the Floreses for dinner. The