Bowden v. Monroe County Comm’n

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Decedent died as a result of the injuries he received when he was attacked by several pit bull terriers. Petitioner, the administratrix of Decedent's estate, brought this action against Respondents, the Monroe County Commission and Patricia Green, the Monroe County dog warden, alleging, inter alia, that Respondents failed to impound the dogs due to non-payment of taxes and for not having proper registration and failed to impound and/or destroy the dogs for being vicious. Respondents filed a motion to dismiss, asserting the public duty doctrine and statutory immunities. Petitioner subsequently moved to amend her complaint to incorporate allegations of fact to support her claim that a "special relationship" exception to the public duty doctrine applied. Before ruling on the motion to amend, the circuit court granted the motion to dismiss. The Supreme Court reversed, holding that the circuit court erred in dismissing Petitioner's case on the basis of statutory immunities and in failing to grant Petitioner's motion to amend her complaint. Remanded. View "Bowden v. Monroe County Comm'n" on Justia Law