MASSEY v. COLARIC

No. 2 CA-CIV 5570.

151 Ariz. 89 (1986)

725 P.2d 1123

Richard D. MASSEY and Jo Ann Massey, his wife, Plaintiffs/Appellants, v. Wayne COLARIC and Mary Gale Colaric, his wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

April 3, 1986.


Attorney(s) appearing for the Case

Corbet & Eagleburger, Ltd. by Kevin W. Keenan, Phoenix, for plaintiffs/appellants.

Sorenson, Moore & Julian by J. William Moore, Phoenix, for defendants/appellees.


OPINION

HOWARD, Presiding Judge.

This is an appeal from a defense verdict in a personal injury case. The main issue is whether assumption of risk is available as a defense to an action pursuant to A.R.S. § 24-378, which provides:

"Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such...

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