A runner who was awarded £15,000 compensation after a dog pushed him over while he jogged has had the award cancelled by the Court of Appeal.
Andrew Jones, 48, from Mumbles, Swansea, shattered his ankle after his encounter with the great dane.
Last year, a judge at Pontefract County Court said Hector's owner Christopher Whippey had been negligent in allowing him off the lead in Leeds in 2004.
But judges at the Court of Appeal in London allowed Mr Whippey's appeal.
Mr Whippey, from Castleford, West Yorkshire, had been ordered to pay Mr Jones £15,000 damages along with a further £25,000 in lawyers' bills.
But after the two-hour hearing Lord Justice Waller, Lord Justice Rimer and Lord Justice Aikens allowed his appeal, which means that Mr Jones will not receive compensation for his injuries.
The chartered surveyor had been in Leeds on business and out training for the London Marathon in the Riverside Park when Mr Jones said Hector "appeared from nowhere" and jumped up at him.
The dog struck Mr Jones on the shoulder and pushed him down the bank of the River Aire.
He ended up in a bed of nettles with a shattered ankle and had to phone his wife on his mobile phone so that she could summon help.
At Pontefract County Court, Judge Bartfield ruled that, although Hector was a gentle dog who had never been in trouble before, Mr Whippey had been negligent in allowing him off the lead when other people might be about.
Judge Bartfield said he could be "intimidating" to others by his sheer size and Mr Whippey, 43, should have foreseen the risk.
But at the Court of Appeal on Monday, Giles Mooney, for the dog owner, who did not witness the collision between Mr Jones and Hector, argued that Judge Bartfield had been "plainly wrong".
The barrister said: "The result of his [Judge Bartfield's] findings would appear to lead to the conclusion that it is negligent to let a dog which a person might find intimidating off the lead, however safe that dog actually is.
"Most human activity bears some risk, but was it reasonably foreseeable by Mr Whippey that his dog might cause any damage?
"This was a very responsible dog owner. He is an RSPCA man and was well aware of his responsibilities.
'Well behaved'
"He imposed a higher standard of care on himself than a reasonable dog owner would.
"Hector was a well behaved dog; he didn't run into people. He had never caused any harm to anybody ever before and it was not reasonably foreseeable that he would cause harm on this occasion.
"There was nothing inherently negligent in letting Hector off the lead in a quiet park."
Mr Mooney said Hector was "wary of strangers" and, although he did tend to bark sometimes, had never before actually touched anybody unbidden.
Michael Bowerman, for Mr Jones, said Mr Whippey had accepted that, because of his towering size, Hector was capable of intimidating those who did not know him.
He had also told Judge Bartfield that, had he seen anyone else in the park prior to the accident, he would have kept Hector on his lead.
The appeal court judges will give their reasons at a later date for allowing Mr Whippey's appeal.
Mr Jones's solicitor, Christopher Shaw, said after the hearing that his client would be "very disappointed".
"You don't normally expect a great dane to jump up at you when you are jogging through the park," he said.
"He has made a pretty good recovery, but I don't think he will be doing too many marathons".
Source: BBC
