Legro v. Robinson, No. 11CA1403, 2012 Colo. App. LEXIS 1735 (Colo. Ct. App. Oct. 25, 2012)

(plaintiffs appeal summary judgment ruling in favor of defendants; plaintiff was bitten by defendants' predator control dogs when she was participating in a bicycle event through U.S. forest; defendants had grazing permit in same forest area; court agreed that state premises liability statute applied preempting plaintiffs' common law claims because defendants had possession of property through lease; court, however, held that strict liability dog bite statute was not abrogated by premises liability statute as held by lower court, so claim could proceed and should not have been dismissed; court held question of fact existed as to whether defendants had sufficient control over the property where bite occurred for statutory exemption excluding liability for damages caused by predator control dogs working on property controlled by defendants; court also held no settlement agreement existed when defendants effectively withdrew all offers of settlement an hour before plaintiffs attempted to accept; case remanded).