TONEY v. BOUTHILLIER

No. 1 CA-CIV 4805.

129 Ariz. 402 (1981)

631 P.2d 557

Cheryl TONEY, as Guardian ad Litem for Eugenia Toney, Plaintiff-Appellant, v. Harlean BOUTHILLIER, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied June 12, 1981.

Review Denied July 7, 1981.


Attorney(s) appearing for the Case

Murphy & Posner by Robert R. Bauer, K. Bellamy Brown, Phoenix, for plaintiff-appellant.

David S. Rosenthal, Phoenix, for defendant-appellee.


OPINION

JACOBSON, Judge.

Three main issues are raised in this appeal: (1) whether the actions of a three-and-one-half-year-old child can constitute provocation for purposes of a defense to liability for a dog bite pursuant to A.R.S. § 24-523; (2) whether there are disputed issues of material fact precluding summary judgment; and (3) whether A.R.S. § 24-378 imposes strict liability for injuries caused by dogs running at large and disallows provocation...

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