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PRIEBE v. NELSON

14 Cal.Rptr.3d 173 (2004)

Marta PRIEBE, Plaintiff and Appellant, v. Russell NELSON, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

Review Granted September 15, 2004.

Attorney(s) appearing for the Case

Janssen, Malloy, Needham, Morrison, Reinholtsen & Crowley, W. Timothy Needham, Michael Morrison, Eureka, Counsel for plaintiff and appellant.

Chapman, Popik & White, Susan M. Popik, Mitchell, Brisso, Delaney & Vrieze, Nancy K. Delaney, Counsel for defendant and appellant.

REARDON, J.

The setting of this dog bite case is a commercial kennel. The incident is an attack on a kennel technician who was routinely walking a dog under its care. At the outset of the trial the court below ruled that California's strict liability dog bite statute1 applied, but at the close of evidence the court changed its mind. The matter went to the jury on a negligence claim only...

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