Renee Legro and Stephen Legro v. Samuel Robinson and Cheri Robinson, 2012COA182 (October 25, 2012)

A cyclist is attacked on federal land during a sponsored race by two “predator control dogs” whose owners had a permit to graze sheep in the area. The trial court granted summary judgment for the owners, finding that the Premises Liability Act (PLA) abrogated the cyclist’s common law tort claims, and a claim under the “dog bite statute” was excluded by the “predator control dogs” exception. The court of appeals disagreed in part. First, because the owners were grazing sheep pursuant to a Forest Service permit, they were “landowners” under the PLA, which abrogated common law tort claims. But, the owners were not in “control of” the land, so the predator control dog exception did not apply. The statutes did not conflict because the remedies under each are different. Finally, the court agreed that a settlement offer from the owners was successfully withdrawn and thus not enforceable.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1403-PD.pdf

Certiorari was granted in this case on “Whether the court of appeals erred in holding that the working dog exemption to  section 13-21-124, C.R.S. (2012), applies only when a bite occurs on a dog owner’s  property or property under his or her control, and that “control” of property exists only  if one has the right to exclude others from it.”

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1 Comment

Filed under Contracts, Personal Injury, Torts

One response to “Renee Legro and Stephen Legro v. Samuel Robinson and Cheri Robinson, 2012COA182 (October 25, 2012)

  1. Pingback: Gail Collard v. Vista Paving Corporation, 2012COA208 (November 21, 2012) | Colorado Litigation Report

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