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ASHLEY v. ROCHE

No. 21684.

431 P.2d 783 (1967)

Wayne ASHLEY and Industrial Commission of the State of Colorado, Plaintiffs in Error, v. John J. ROCHE and A. Unrein, Jr., As Co-Partners, d/b/a Ambulance Service Company, Herbert G. McCormick and (First name unknown) Frome, Defendants in Error.

Supreme Court of Colorado, In Department.

September 18, 1967.

Attorney(s) appearing for the Case

Victor E. DeMouth, Bailey Belfor, Golden, for plaintiff in error Wayne Ashley.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Denver, Peter L. Dye, Asst. Atty. Gen., for plaintiff in error Industrial Commission.

White & Steele, John E. Clough, Denver, for defendants in error.

JOHN N. MABRY*, Justice.

This review involves questions regarding the effect of a release to one of several tort feasors and whether there may be a second recovery of damages for added damages proximately caused by original injuries. The litigants will be referred to by name, or as plaintiff and defendants as in the trial court.

On November 17, 1962, plaintiff Ashley, an automotive machinist for Power Engineering

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