SANDOVAL v. BIRX

No. 86CA1536.

767 P.2d 759 (1988)

Elvinio SANDOVAL and Lucille Sandoval, and as next friends of David Sandoval, a minor, Plaintiffs-Appellants, v. Frances BIRX and Robert Birx, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 15, 1988.

Certiorari Denied January 9, 1989.


Attorney(s) appearing for the Case

Scott & Barrera, P.C., Daniel P. Barrera, Michael F. Scott, Denver, for plaintiffs-appellants.

Burg & Aspinwall, P.C., Peter W. Burg, Scott J. Eldredge, Denver, for defendants-appellees.


TURSI, Judge.

In this action for damages sought on behalf of plaintiff David Sandoval, judgment was entered on a jury verdict for defendants, and plaintiffs appeal. We reverse.

David, a thirteen-year-old, was an invited guest in defendants' home. Because of David's unease, defendants' son John restrained their dog while David ran into John's room. Although David never verbalized his fear of dogs to the defendants, he did nothing to provoke the dog. John obtained...

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