SMITH v. EXECUTIVE CUSTOM HOMES, INC.

No. 09SC223.

230 P.3d 1186 (2010)

Judith A. SMITH and James R. Smith, Petitioners/Cross-Respondents v. EXECUTIVE CUSTOM HOMES, INC., Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

May 10, 2010.


Attorney(s) appearing for the Case

Hanes & Schutz, LLC, Timothy J. Schutz, Richard W. Hanes, Colorado Springs, Colorado, Attorneys for Petitioners/Cross-Respondents.

Vaughan & DeMuro, Gordon L. Vaughan, Jessica Kyle Muzzio, Colorado Springs, Colorado, Attorneys for Respondent/Cross-Petitioner.


Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

Judith A. Smith and her husband James R. Smith, plaintiff-appellants below, petitioned for review of the court of appeals' judgment in Smith v. Executive Custom Homes, Inc., 209 P.3d 1175 (Colo.App.2009). The Smiths sought review of the court of appeals' holding that their claims for personal injuries under

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