Reseña de State Ex Rel. Barbara Marie Hof V.

State Ex Rel. Barbara Marie Hof V. de Supreme Court of Missouri En Banc Resumen del Libro

This is an original proceedings in this court to prohibit the respondent circuit Judge from enforcing an order requiring the plaintiffs, the relators herein, to answer certain interrogatories propounded by the defendants in a personal injury suit. This court issued its preliminary rule in prohibition to which the respondent filed a return and the relators filed their reply. In due course, the parties filed their briefs and the case was argued orally and submitted. In the personal injury action, Barbara Marie Hof, nine years of age, seeks to recover $120,000 for injuries alleged to have been sustained by being bitten in and about the face and nose by a large Rottweiler dog named Fritzie owned by the defendants, Ray E. Dilschneider and his wife Joan Dilschneider. Walter W. Hof, father of Barbara, in addition to serving as next friend, sought in a separate count to recover $5,000 for medical and hospital expenses. Among other allegations, the petition stated that the defendants knew or in the exercise of ordinary care could and should have known that, prior to the time Barbara was bitten, the dog Fritzie had attacked and bitten other persons without provocation, one of whom was a child member of the immediate family of the defendants; that Fritzie possessed vicious and mischievous propensities and in spite thereof the defendants permitted the dog, weighing in excess of 120 pounds, to be in the yard where Barbara was bitten under the sole restraint of a leash held by the defendants' nine-year-old daughter; and that the defendants permitted the dog to bite Barbara although they knew or should have known beforehand that Fritzie possessed vicious and mischievous propensities and a definite tendency to attack, bite and injure persons whether in play or in anger all without cause or provocation.

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