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Kelly v. Berg – Emergency Doctrine

October 14, 2015 by Matthew Bass

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Plaintiff sustained multiple bite wounds after intervening in a dog fight between her dog Moosie and the neighbors pit bull Princess. Plaintiff claimed the Emergency Doctrine, which relieves a person from liability, in this instance for contributory negligence, for his or her own action or inaction when faced with an emergency that his or her conduct did not help to create. The court determined that her decision to wait until her dog could no longer yelp indicated that she had time to contemplate her course of conduct before acting. The Emergency Doctrine does not apply where Plaintiff had time to make a deliberate and intelligent choice to intervene. Kelly v. Berg, —Wis.2d—, 2015 WL 4920520 (Wis. Ct. App. Aug. 18, 2015).

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