MOUNT CLEMENS (AP) – A Macomb County sheriff’s officer who handles dogs isn’t liable for a dog bite, even if the victim was bitten while he and Zeke were at a cottage 150 miles away.
The Michigan appeals court this week overturned a decision and said Kevin Szlaga has governmental immunity in the lawsuit.
Szlaga took care of Zeke when they were working or off duty. In June 2013, they were at a cottage in Clare County when Gail Foster entered and was bitten by Zeke.
In a 2-1 decision, the court says Szlaga is immune to a tort claim because he was acting in the course of his public employment. In a seven-page dissent, Judge Deborah Servitto disagreed, saying there were many unanswered questions about the officer’s relationship with Zeke.
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