SEYBOLT v. WHEELER


42 A.D.3d 643 (2007)

839 N.Y.S.2d 830

FRED SEYBOLT et al., Individually and as Parents and Guardians of BRENT SEYBOLT, an Infant, Respondents-Appellants, v. DANIEL WHEELER et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2007.


Mercure, J.

Plaintiffs' son, Brent (born in 1991), was a frequent guest at the home of defendants Daniel Wheeler and Colleen Wheeler (hereinafter collectively referred to as defendants) until July 2003, when he was attacked by defendants' dog. When Brent and Daniel Wheeler attempted to throw Wheeler's young daughter into a pool, the dog evidently knocked Brent down and bit him on the right side of his face around the eye, requiring an initial nine-day hospital stay...

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