A plaintiff’s claim that the city had a duty to protect her against a dog owned by another citizen fell under the public duty doctrine, and summary judgment for defendant city was thus affirmed.
In Fleming v. City of Memphis, No. W2018-00984-COA-R3-CV (Tenn. Ct. App. Mar. 5, 2019), plaintiff filed suit against defendant city after she was attacked and mauled by a dog owned by a private citizen. Plaintiff alleged that the city “had actual prior notice of this dog’s vicious propensities” based on two prior attacks by the same dog. Defendant filed a motion for summary judgment based on the public duty doctrine, which the trial court granted and the Court of Appeals affirmed.
It was undisputed that the GTLA did not provide the City immunity in this case. After the dog bite preceding the attack on plaintiff, an animal control worker “did not believe there were grounds upon which [to seek] a petition to declare the dog dangerous and vicious under City ordinance,” and this decision by the government worker was determined to be operational. The issues raised by plaintiff, then, were “1) whether the GTLA supersedes the public duty doctrine; and 2) if the public duty doctrine survives, whether the trial court erred in finding that it applie[d]” here.