Unpublished Disposition, 899 F.2d 18 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 899 F.2d 18 (9th Cir. 1990)

Norma BECKER; Philip M. Becker, Plaintiffs-Appellants,v.Glen MEREDITH; Eunice Meredith, Defendants-Appellees.

No. 89-35090.

United States Court of Appeals, Ninth Circuit.

Submitted March 9, 1990.* Decided March 19, 1990.

Before WALLACE, FERGUSON and BRUNETTI, Circuit Judges.


MEMORANDUM** 

Plaintiffs Norma and Philip Becker (the "Beckers") brought this action for negligence against defendants Glen Meredith and Eunice Meredith (the "Merediths") and other defendants who are not parties to this appeal. Norma Becker was attacked and injured by a dog owned by tenants of the Merediths. The attack took place on the leased property.

The Beckers contend that the Merediths knew of the dog's dangerous nature and negligently failed to prevent the attack. The district court granted summary judgment in favor of the Merediths on the ground that Idaho law imposes no duty on landlords to prevent attacks by tenants' dogs. We affirm.

In Idaho, a lessor is generally not responsible for injuries on leased property. Keller v. Holiday Inns, Inc., 671 P.2d 1112, 1121 (1983); see also Rest.2d, Torts, Sec. 355.

Idaho courts have recognized several exceptions to this general rule of nonliability. Keller, 671 P.2d at 1121; see also Rest.2d Torts, Secs. 357-62. However, none of these exceptions apply to the present case.

For these reasons, the district court properly granted summary judgment in favor of the Merediths.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit Rule 36-3

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