HILZER v. MacDONALD

No. 22464.

454 P.2d 928 (1969)

Bertyl N. HILZER and Industrial Commission of Colorado, Plaintiffs in Error, v. Dennis MacDONALD and Vail Village Inn, Ltd., Defendants and Third-Party Plaintiffs in Error, v. DUFFY STORAGE AND MOVING COMPANY and Lloyd D. Countryman, Third-Party Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 23, 1969.


Attorney(s) appearing for the Case

Mattson & Mattson, Fred W. Mattson, Denver, for plaintiff in error, Bertyl N. Hilzer.

Duke W. Dunbar, Peter L. Lye, Harold Clark Thompson, Alious Rockett, Denver, for plaintiff, Industrial Commission.

Zarlengo, Mott & Carlin, John C. Mott, Raymond J. Connell, Denver, for defendants and third-party plaintiffs in error, Dennis MacDonald and Vail Village Inn, Ltd.

Yegge, Hall, Treece & Evans, Denver, for third-party defendants in error.


PRINGLE, Justice.

Bertyl N. Hilzer initiated this action against Dennis MacDonald and Vail Village Inn, Ltd. (hereinafter referred to as Vail Village Inn), to recover damages for a serious personal injury suffered when Hilzer, MacDonald and Lloyd D. Countryman tried to recover a tractor and trailer house from a ravine near Vail Pass. Hilzer and Countryman were both employed by Duffy Storage and Moving Company (hereinafter referred to as Duffy Storage). Prior to this...

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