Donald Jamison v. Harrell Ulrich, et al.

The issue presented in this case is whether the policemen and firemen's rule applies to an animal control officer who was bitten by a Doberman pinscher while performing the duties of his employment. The plaintiff, an animal control officer for the Chattanooga Police Department, was bitten when, in the course and scope of his employment, he attempted to take possession of the defendants' dog at their home. The plaintiff sued the defendants for compensatory damages, claiming that they were negligent in failing to warn him about the dangerous nature of the dog. The trial court granted the defendants' motion for summary judgment upon its determination that the dog's owners owed no duty to the plaintiff under the circumstances pursuant to the policemen and firemen's rule which precludes police officers and firefighters from recovering for injuries arising out of risks peculiar to their employment. Upon review, we find that the dog's owners owed no duty of ordinary care to the animal control officer and therefore, we affirm the judgment of the trial court.