Ridley v. Sioux Empire Pit Bull Rescue, Inc.

Summary

Darlette Mae Ridley was injured when a pit bull owned by Sioux Empire Pit Bull Rescue, Inc. and temporarily cared for by Susan Tribble-Zacher and Harry Podhradsky escaped its tether and attacked her at a South Dakota campground. The South Dakota Supreme Court held that the attack was not foreseeable under the circumstances and affirmed summary judgment for the defendants. The court’s majority opinion was accompanied by a special concurrence and a dissent.

Holdings

1. Summary judgment was proper because, even viewing the evidence in the light most favorable to Ridley, no genuine issue of material fact showed that the defendants could reasonably have foreseen Meadow's attack on a human or otherwise breached their duty of reasonable care.
2. South Dakota law does not impose a breed-specific heightened standard of care based solely on a dog's pit bull type breed or historical breeding for aggression toward other dogs.
3. The alleged failure to comply with SEPR's two-week shutdown policy did not create a genuine issue of material fact because the record did not connect that policy violation to a foreseeable attack on a human.

Questions Presented

1. Whether the circuit court properly granted summary judgment when the evidence, viewed in Ridley's favor, did not establish a genuine issue of material fact regarding foreseeability or breach of the defendants' duty of reasonable care.
2. Whether Meadow's pit bull type breed, prior fight with another dog, temporary foster placement, failure to undergo a two-week shutdown period, or tethering at the campground made an attack on Ridley reasonably foreseeable.
3. Whether South Dakota law recognizes a breed-specific heightened standard of care for pit bull type dogs.

Disposition

affirmed