This section contains the nature of the case and procedural background.

Bohan (P) was riding his bicycle, and when he passed in front of Ritzo's (D) house, a small dog came running from the driveway and P, for the most part, tried to avoid the dog thinking that it was going to bite him; those motions resulted in an accident that resulted in broken bones. The injury to P was very serious and required two operations and P was out of work for seven and a half months. P sued D under RSA 466; this imposed strict liability upon a dog owner for damages occasioned by their dogs. D's moved to dismiss, and the trial court denied that motion. All motions for D to dismiss or to apply comparative fault and instructions for a special verdict form were refused by the trial court. The jury gave the verdict to P for $190,000.

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