Knapton v. Monk, 2015 MT 111 (April 28, 2015) (Rice, J.) (5-0, aff’d)
Issue: (1) Whether the district court properly granted summary judgment to the landlord on the negligence claim; and (2) whether the district court properly granted summary judgment to the landlord on the strict liability claim.
Short Answer: (1) Yes, and (2) yes.
Facts: Kimberlee Johnson owns a house that was leased by the Monks, and adjacent to Knaptons’ home. Minks owned several dogs of pit bull ancestry. Johnson lived in the residence until March 2011, left some personal belongings in a downstairs storage room, received mail at the house, inspected the premises a few times a month, and occasionally stayed overnight on a rollaway bed.
In July 2011, one of Monks’ dogs bit MK, one of the Knapton children, on Knaptons’ property.…