dissenting.
Dogs, like humans, are sometimes good and sometimes bad. Dogs have on occasion been described as “faithful even in death.” See Turner v. Irvin, 146 Ga. App. 218, 219 (246 SE2d 127) (1978). On the other hand, dogs in some cases have also been equated with various despicable types of people, e.g., “ ‘dogs, and sorcerers, and whoremongers, and murderers, and idolaters. . . .’” Fincher v. Collum, 2 Ga. App. 740, 743 (59 SE 22) (1907). Regardless of which moral assessment of dogs is more appropriate, the dog owners in the instant case *76had knowledge of the dangerous nature of their dog Sam, who weighed over 100 lbs. We have held generally that, if this propensity to bite is known, a jury question is required when the animal actually attacks and bites.
Decided November 24, 1987. Edgar L. Crossett III, Robert P. Crossett, for appellant. L. Bruce Hedrick, Jr., Stephen L. Cotter, for appellees.In light of the foregoing considerations, I must respectfully dissent from the majority opinion for the following two reasons. First, the doctrine of assumption of risk does not adequately cover situations such as that in the instant case, wherein appellant Lundy had previously exerted his best effort to establish rapport with the dog and to alleviate its dangerous propensities. The dog’s vicious nature, as alleged in the complaint, was clearly demonstrated by his instantaneous transformation from a friendly, tail-wagging pet into a veritable monster the moment he perceived his potential victim to be within easy reach and off guard.
Second, summary adjudication is inappropriate where issues of negligence and lack of ordinary care are involved. These are matters of fact which address themselves to the jury except where the evidence is “plain, palpable, and indisputable.” In the instant case there is ample room for dispute: there are evidentiary matters which should be fully examined and explored by impartial jurors. Until these factual matters have been addressed, it is impossible to resolve the dis-positive issues in accordance with law and equity. The case of Simmons v. Classic City Beverages, 136 Ga. App. 150 (4) (220 SE2d 734) (1975), relied upon by the majority, only involved dealing with and lifting three kegs of beer on the wall or in a two-door draft beer refrigerator. This is quite different from being required as an employee to feed and look after a huge animal with known dangerous propensities, as in the instant case. I would reverse the judgment below and remand the case for jury trial.
I am authorized to state that Judge Beasley joins in this dissent.