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SCHLEIER FOR ALTER v. ALTER

No. 1 CA-CIV 9707.

159 Ariz. 397 (1989)

767 P.2d 1187

Tod F. SCHLEIER, for and on Behalf of Rachel Toba ALTER, a minor, Plaintiffs-Appellants, v. William ALTER and Ellen Alter, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

January 10, 1989.

Attorney(s) appearing for the Case

Lawrence O. Anderson, P.C. by Lawrence O. Anderson, Phoenix, for plaintiffs-appellants.

Black, Robertshaw, Copple & Pozgay, P.C. by Steven D. Copple, David L. O'Daniel, Phoenix, and Horne, Kaplan and Bistrow by Amy L. Rosenthal, Phoenix, for defendants-appellees.

OPINION

FIDEL, Judge.

A child severely bitten by the family dog brings this lawsuit against her parents. To determine the child's appeal from summary judgment for her parents, we must answer two questions:

1. Common law liability: When the owners of a dog with demonstrated vicious tendencies toward children expose the dog to their own child, are they shielded by the parental immunity doctrine from common law liability for injuries the dog inflicts...

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