SW EX REL. WACKER v. TOWERS BOAT CLUB, INC.

No. 11CA0935.

318 P.3d 38 (2012)

2012 COA 77

SW, a minor by and through his parents and next friends, David and Rhonda WACKER; David Wacker; and Rhonda Wacker, Plaintiffs-Appellants, v. TOWERS BOAT CLUB, INC., Defendant-Appellee.

Colorado Court of Appeals, Div. III.

April 26, 2012.


Attorney(s) appearing for the Case

Purvis Gray, LLP, John Purvis , Boulder, Colorado, for Plaintiffs-Appellants.

Senter Goldfarb & Rice, L.L.C., Arthur Kutzer , Joel Palmer , Denver, Colorado, for Defendant-Appellee.


Opinion by Judge TERRY.

¶ 1 As an issue of first impression, we address whether, under the premises liability statute, section 13-21-115, C.R.S.2011, a child licensee may assert a claim based on the attractive nuisance doctrine. We conclude that a child licensee may not maintain such a claim.

¶ 2 Plaintiffs, SW, David Wacker, and Rhonda Wacker, appeal the trial court's summary judgment in favor of defendant, Towers Boat Club, Inc. (landowner). We...

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