Durham v. Jenkins

After Petitioner's dog, a Rotweiller mix, attacked Respondents' two-year-old daughter, causing serious injuries, Respondents brought a civil suit under W. Va. Code 19-20-20 against Petitioners requesting that the magistrate court order Petitioners' dog killed, alleging that the dog was vicious, dangerous, or in the habit of biting or attacking other people. The county magistrate court ordered the dog killed. The circuit court affirmed. Petitioners appealed, arguing that section 19-20-20 does not provide a mechanism by which parties may bring a civil suit to have a dog destroyed. The Supreme Court agreed and vacated the circuit court's order, holding that section 19-20-20 does not authorize a civil suit seeking destruction of a dog. View "Durham v. Jenkins" on Justia Law