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

Citation
Vt. — Eric Gross and Adrianne Gross v. Elizabeth Turner and Antonio Flores
Jurisdiction
Vermont (state)
Source
Official source

Full Text

1,790 chars
Pearos were not yet home but had told the Floreses that the door would be open so they could wait
inside. Based on previous visits, Antonio Flores assumed the Pearos’ three dogs would be near

the front door, so the family decided to go in through the side door. The Floreses’ son opened the

side door. Without warning, the Pearos’ three dogs ran out of the house. Mr. Flores called to the

dogs to try to get them back inside.

¶ 3. At that moment, plaintiff Eric Gross was walking his dog down the sidewalk near

the Pearos’ home. The Pearos’ three dogs ran over and attacked his dog. One of the dogs grabbed

plaintiff’s hand, which was covered by a glove, and pulled on his arm, dislocating his shoulder.

¶ 4. The Pearos leased their residence in October 2015 from defendant Elizabeth

Turner, who lives in New York. When Turner rented the property to the Pearos, she was aware

they had three pet dogs and permitted them to keep the dogs at the property. She was not aware

of any prior incidents involving the dogs at the time the lease was signed. She had known the

Pearos and their dogs for several years and had not observed any of the dogs to have aggressive

tendencies. For this reason, she did not make any inquiries about the dogs or their temperament

before renting to the Pearos.

¶ 5. Antonio Flores testified in a deposition that he had allowed the Pearos’ dogs to be

around his six- and seven-year-old children and they had never posed a threat to the children. He

said that he would not have brought his children to the house or allowed them to go near the door

if he felt the dogs were vicious. He described Buck, the largest dog, as “hyper,” with high energy,

but not aggressive. Jedi, the oldest and smallest dog, growled on occasion if someone got too close