D, a water meter reader, sued his employer, the respondent Corporation, seeking damages for injuries allegedly sustained as a result of a dog attack while entering a property to read the meter. D alleged that the Corporation negligently failed to provide dog safety training and/or animal repellent spray and claimed that the training and/or spray would have avoided the attack, or alternatively, caused less severe injuries. At trial, the judge directed the jury not to consider the alternative case. The jury returned a majority verdict, finding that there was no negligence on the part of the Corporation which was a cause of injury, loss or damage. D sought leave to appeal.