SCHULTZ BY SCHULTZ v. ESLICK

No. 85-1886.

788 F.2d 558 (1986)

Natalie Ann SCHULTZ, a minor, by Diana SCHULTZ, her mother, Plaintiff-Appellant, v. Rick and Ellen ESLICK, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1986.


Attorney(s) appearing for the Case

Steven H. Everts, Udall, Shumay, Blackhust, Allen & Davis, P.C., Mesa, Ariz., for plaintiff-appellant.

Pamela Crippen, O'Connor, Cavanagh, Anderson, Westover, Killingsworth, & Beshears, Phoenix, Ariz., for defendants-appellees.

Before GOODWIN, HUG and REINHARDT, Circuit Judges.


GOODWIN, Circuit Judge:

The mother of a three-year-old child as guardian ad litem sued their landlords for damages resulting from the child's fall into an unfenced swimming pool on leased premises. The child suffered permanent brain damage. The district court granted summary judgment for defendants, apparently on the theory that an Arizona landlord who rents residential property to a family with small children is under no duty to make the property safe for...

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