CASEBOLT v. COWAN

No. 91SC69.

829 P.2d 352 (1992)

Susan CASEBOLT, as mother and next friend of Lauren Casebolt and Lindsey Casebolt; and Susan Casebolt, individually, Petitioners, v. William COWAN, individually; and William Cowan d/b/a Milco Construction Company, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 11, 1992.


Attorney(s) appearing for the Case

Law Offices of Robert A. Weinberger, P.C., Thomas L. Kanan, Daniel B. Galloway, Robert A. Weinberger, Denver, for petitioners.

Johnson, Oldham & Angell, P.C., Richard Lee Angell, Denver, for respondents.

Anderson, Campbell and Laugesen, P.C., Richard W. Laugesen, Denver, for amicus curiae Colorado Defense Lawyers Ass'n.


Justice LOHR delivered the Opinion of the Court.

This case presents issues concerning the existence, nature, and scope of any duty owed by the owner of an automobile to a borrower of that vehicle to prevent injuries to the borrower resulting from operation of the vehicle by the borrower after consuming alcoholic beverages. These issues arise from a wrongful death action brought by the wife and children of Lindel Casebolt, who was killed in a collision when he drove...

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