ZUKATIS BY ZUKATIS v. PERRY

No. 94-593.

682 A.2d 964 (1996)

Cory J. ZUKATIS, by Next Friend Sheri E. ZUKATIS, Sheri E. Zukatis and Michael Zukatis v. Michael G. PERRY.

Supreme Court of Vermont.

July 12, 1996.


Attorney(s) appearing for the Case

Thomas W. Costello, John C. Mabie and Joel T. Faxon of Thomas W. Costello, P.C., Brattleboro, for plaintiffs-appellants.

Robert G. Cain and William D. Riley of Paul, Frank & Collins, Inc., Burlington, for defendant-appellee.

Todd S. Brilliant and Stephen S. Ostrach, New England Legal Foundation, Boston, Massachusetts, for amici curiae Vermont Farm Bureau and Vermont Horse Council.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


MORSE, Justice.

Plaintiffs appeal from summary judgment granted to defendant under V.R.C.P. 56(b) on counts of negligence and "negligent undertaking," and from dismissal under V.R.C.P. 12(b)(6) of a claim of "attractive nuisance." They argue that the trial court erred in concluding that (1) a landowner owes no duty of care to a trespassing child, and (2) that the facts did not support a claim of negligent undertaking.

As noted above, the trial court dismissed...

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