Peggy McElhany appeals following the trial court's order granting summary judgment in favor of Elizabeth Jordan.  A pit bull bit McElhany while she was working at a Rural King in Avon, Indiana.  Jordan owned the dog, but she was not present at the time of the dog bite.  McElhany sued Jordan alleging negligence.  Jordan moved for summary judgment on the basis that she lacked knowledge of the animal's vicious propensity and she should not be held liable for an incident that occurred when she did not have control of the dog.  The trial court granted Jordan's motion for summary judgment.  McElhany argues on appeal that summary judgment was inappropriate because there are genuine issues of material fact regarding whether Jordan had knowledge the dog had a vicious propensity and whether Jordan was negligent in allowing her romantic partner to take the dog out into a public place.  

The scheduled panelist are Judge May, Judge Weissmann, and Judge Foley.