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WILSON v. MARCHIONDO

No. 03CA1263.

124 P.3d 837 (2005)

Jason WILSON, a minor; Nancy Wilson, plaintiff's mother and next friend; Nancy Wilson, individually; and Patrick Wilson, individually, Plaintiffs-Appellants, v. Albert Patrick MARCHIONDO, a/k/a Patrick Marchiondo 3132 Scranton Street, LLC, a/k/a 3132 Scranton Avenue LLC, a suspended Colorado limited liability company, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 9, 2005.

Certiorari Denied December 19, 2005.

Attorney(s) appearing for the Case

Law Firm of William Babich, William Babich, Denver, Colorado, for Plaintiffs-Appellants.

Harris, Karstaedt, Jamison, & Powers, PC, A. Peter Gregory, Heather A. Salg, Celenda M. Wagenknecht, Englewood, Colorado, for Defendant-Appellee.

GRAHAM, J.

Plaintiffs, Nancy Wilson, Patrick Wilson, and their son, Jason Wilson (the victim) appeal the summary judgment in favor of defendant, Albert Patrick Marchiondo (landlord). We affirm.

The victim was bitten by a Rottweiler dog while playing in the backyard of the residence of Rusty and Sandy Walters (tenants). Tenants owned the dog and kept it at their residence, which they leased from landlord.

The lease provided that the premises were to...

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