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ESPINOZA v. ARKANSAS VALLEY ADVENTURES, LLC

No. 14-1444.

809 F.3d 1150 (2016)

Jesus ESPINOZA, Jr., Plaintiff-Appellant, v. ARKANSAS VALLEY ADVENTURES, LLC, Defendant-Appellee. Colorado Trial Lawyers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 5, 2016.

Attorney(s) appearing for the Case

William J. Hansen of McDermott & McDermott, LLP, Denver, CO ( George E. McLaughlin of Warshauer McLaughlin Law Group, P.C., Denver, CO, with him on the briefs), for Plaintiff-Appellant.

Alan Epstein ( Ryan L. Winter and Conor P. Boyle , with him on the brief), of Hall & Evans, L.L.C., Denver, CO, for Defendant-Appellee.

Russell R. Hatten and Evan P. Banker of Chalat Hatten Koupal & Banker PC, Denver, CO, on the brief for amicus curiae Colorado Trial Lawyers Association, in support of Plaintiff-Appellant.

Before KELLY, HARTZ, and GORSUCH, Circuit Judges.

This case arises from a summer rafting trip gone tragically wrong. It began when Sue Ann Apolinar hired a guide for a family adventure in the Colorado Rockies: an overnight rafting and camping excursion on a popular stretch of the Arkansas River running through Brown's Canyon. After she arrived at the outfitter's office,...

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