Ajax v. Dota

THIS OPINION HAS NO PRECEDENTIAL
VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Laura Ajax, Appellant,

v.

Paul Dota and
Paul Richards, Respondents.

Appeal From Charleston County

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2012-UP-261    

Submitted April 2, 2012 – Filed May 2,
2012

AFFIRMED

Demal I. Mattson, Jr., of Mount Pleasant,
for Appellant.

Christopher W. Nickels, of Charleston, for
Respondent.

PER CURIAM: Laura Ajax appeals the circuit court's grant
of summary judgment in favor of Paul Dota, arguing the circuit court erred in
finding no genuine issue of material fact existed as to Dota's status as a
caretaker or keeper of the dog that attacked her.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authorities: S.C. Code Ann. § 47-3-110 (1987) ("Whenever any person is bitten or otherwise
attacked by a dog while the person is in a public place . . . the owner of the
dog or other person having the dog in his care or keeping . . . is liable for
the damages suffered by the person bitten or otherwise attacked."); Harris
v. Anderson County Sheriff's Office, 381 S.C. 357, 363, 673 S.E.2d 423, 426
(2009) ("Where the person is injured while the dog is in the care
or keeping of someone who is not the dog's owner, the injured party may pursue
a statutory claim against the owner of the dog or the other person having the
dog in his care or keeping." (emphasis added)).

AFFIRMED.

WILLIAMS, THOMAS, and
LOCKEMY, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.