Fort Wayne Injury and Disability Attorney Nathaniel Hubley

Case:   Morehead v. Deitrich,  932 N.E.2d 1272 (Ind.Ct.App. 2010). Facts of Case :    Deitrich owned a single family residence in Logansport, and rented the residence to Sanders, who owned a pit bull.   Even though the lease agreement provided that there were to be no pets owned by the tenants, Deitrich made an exception even though he admitted he knew of the dangerous and vicious propensities of the pit bull.   Morehead was delivering mail and after placing mail in the residence’s mailbox, she heard the dog and was ultimately bitten by the pit bull, sustaining injuries.   She filed her Complaint against Deitrich for personal injuries, and Deitrich filed a motion for summary judgment, contending that since he did not retain any control over the property, he owed no duty to Morehead.   The trial court granted summary judgment for the landlord, and Morehead filed a Motion to Correct Error, which was denied by the trial court. Issue :    Did Deitrich (the landlord) maintain suff