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McLEOD BY AND THROUGH SMITH v. NEWCOMER

Nos. 1 CA-CV 88-106, 1 CA-CV 88-201.

163 Ariz. 6 (1989)

785 P.2d 575

Tyler McLEOD, a minor, By and Through his guardian ad litem, Nanci SMITH, Plaintiff-Appellant, v. Janis Helen NEWCOMER, a single person, Defendant-Appellee.

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

Review Denied February 6, 1990.

Attorney(s) appearing for the Case

Hagen Boyle & Jones by Tom J. Hagen and Mack T. Jones, Phoenix, for plaintiff-appellant.

Mark Diekemper, P.C. by Mark S. Diekemper, Phoenix, for defendant-appellee.

OPINION

ALLEN G. MINKER, Judge.

Plaintiff, two years old at the time, suffered brain damage when found in the swimming pool of the house rented by his parents. Through a guardian ad litem, he filed suit against the landlord for failing to install a fence separating the pool from the rest of the backyard. Both sides filed motions for summary judgment on the issue of the landlord's liability. The trial court granted the landlord's motion and entered judgment...

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