Update: Oral argument scheduled over “owner” of dog relative to dog attacks and bites. Does it include the apartment OWNER as opposed to just the tenant? One COA says no, One COA says yes, and now SCOKY has a shot at it.

Yesterday, I posted the Nonpublished COA decision holding that "owner" of a dog would and could include an apartment building landlord regarding a dog owned by one of his or her tenants. 

I was reminded by a reader that this issue is current pending oral argument this THURSDAY at the Kentucky Supreme Court.  For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

Here is the extract of the argument calendar:

THURSDAY MAY 12, 2011
11:00 a.m. BENNINGFIELD, ETC. V. ZINSMEISTER, DECEASED, ET AL. (2009-SC-660-DG)

"Animal control. KRS 258.235(4). Issues include whether a landlord is strictly liable as a KRS 258.095(5) “owner” for injuries inflicted by a tenant’s dog and, ifso, whether the liability extends to injuries inflicted off the leased premises."

Discretionary Review granted 11/10/2010

Jefferson Circuit Court, Judge Judith E. McDonald-Burkman

For Movant: Vanessa B. Cantley and John Lewis Smith

For Respondents: Douglas Bruce Taylor

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief