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RUIZ v. ExCELLO CORP.

No. 81CA0617.

653 P.2d 415 (1982)

Juan RUIZ, Plaintiff-Appellant, v. ExCELLO CORPORATION, a Michigan corporation, Defendant-Appellee, Stemac Co., an unincorporated association, C.A. Norgren Co., a Delaware corporation, Greenlee Bros. Co., a Michigan corporation, B & T Machine Co., and B & T Engineering Sales Co., Defendants.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 1, 1982.

Certiorari Denied November 8, 1982.

Attorney(s) appearing for the Case

Gerash & Robinson, P.C., Walter Gerash, Salvador J. Peralta, Denver, for plaintiff-appellant.

Kenneth C. Groves, Philip A. Rouse, Jr., Denver, for defendant-appellee.

TURSI, Judge.

Plaintiff contends that the trial court erred in dismissing his products liability claim against ExCello on a motion for judgment on the pleadings, or in the alternative, for summary judgment. We reverse.

The issue presented in this appeal concerns the liability of successor corporations under the Colorado Products Liability Act (CPLA) § 13-21-401, et seq., C.R.S. 1973 (1981 Cum.Supp.).

The following facts are undisputed. In 1955...

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