New York Court of Appeals
Wolfgang Doerr, Respondent v. Daniel Goldsmith, Defendant, and Julie Smith, Appellant; Cheryl Dobinski, Appellant…
June 9, 201525 N.Y.3d 1114
Summary
The Court reversed the Appellate Division’s summary‑judgment dismissal in Doerr v. Goldsmith, holding that New York’s Bard v. Jahnke rule bars a negligence cause of action for injuries caused by a domestic pet, and affirmed the Appellate Division’s dismissal in Dobinski v. Lock‑hart, finding that the defendants lacked notice of any vicious propensity and therefore cannot be held strictly liable. The decision relies on Bard, Bloomer, Petrone, and Hastings as controlling precedent. Justice Fahey dissented, urging that Bard be overruled, while Justice Abdus‑Salaam concurred, emphasizing agreement with the majority’s application of Bard.