Stephen Myers and his son were bike riding when two dogs ran into the road.
While Myers had no recollection of the accident, his son, who was about five yards behind him, testified that the animals belonged to the MacCrea family.
After the Allegany Supreme Court granted the MacCreas' request to dismiss the negligence case brought again them, Myers appealed to the Appellate Division, Fourth Department, which affirmed the outcome.
While Myers established the dogs were permitted to run loose and that they were "trouble" when together, that didn't prove the animals had a history of interfering with traffic. Myers was also unable to rebut the family's argument that it didn't know that either of the dogs would run into the street or assault passersby.
Bet that dogged Myers.
To view a copy of the Appellate Division's decision, please use: Myers v. MacCrea