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
Original Source: https://www.vermontjudiciary.org/sites/default/files/documents/op18-018.pdf ↗

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confine their dog was insufficient basis to prove that officers voluntarily assumed owners’ duty to

control the dog).

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 ¶ 30. Assuming without deciding that a “negligent undertaking” theory could apply in

this context, plaintiffs have failed to present evidence from which a reasonable jury could conclude

that defendant Flores knew or had reason to know that the dogs were a probable source of danger,

such that he owed a duty to third persons to restrain them. Nor have they demonstrated that he

voluntarily undertook to restrain the dogs. Accordingly, we see no reason to disturb the trial

court’s award of summary judgment to Flores.

Affirmed.

FOR THE COURT:

Chief Justice

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