GONZALES v. BIERMAN

No. 87CA1633.

773 P.2d 629 (1989)

Kacie GONZALES, By and Through her mother and next friend, Rebecca Sue GONZALES, Eugene Gonzales, and Rebecca Sue Gonzales, Plaintiffs-Appellants, v. Ted BIERMAN, Lon E. Bierman, LeRoy and Johnnie Gold, jointly and severally, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

April 6, 1989.


Attorney(s) appearing for the Case

John Gehlhausen, P.C., John Gehlhausen, Lamar, for plaintiffs-appellants.

Rector, Retherford, Mullen & Johnson, Neil C. Bruce, Colorado Springs, for defendants-appellees.


NEY, Judge.

Plaintiffs appeal from the summary judgment dismissing their negligence claims against LeRoy and Johnnie Gold. We reverse.

Kacie Gonzales, the minor child of Eugene and Rebecca Sue Gonzales, was injured when an automobile driven by her father struck a horse. Plaintiffs alleged in their complaint that the horse was owned by defendants Ted and Lon E. Bierman, and escaped from property owned by the Golds and occupied by Ted Bierman as tenant.

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