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Torts Keyed to Duncan
Batra v. Clark
Citation:
110 S.W.3d 126 (Tex. Ct. App. 2003)Facts
Martha Torres leased a home from the owner, Dinesh Batra (defendant), who did not live on the property. The lease agreement prohibited pets without the written consent from the defendant. Torres’s son, who was not a resident of the home, would sometimes leave his dog with Torres. Clarissa Ewell, a nine-year-old, was visiting Torres’s daughter when she was attacked by the dog. Tammy Clark (plaintiff), next friend of Ewell, sued Torres and the defendant for negligence. The defendant moved for a directed verdict on the grounds that he did not owe a duty to exercise reasonable care to prevent the attack because he had no control over the property.
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