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STATE AUTOMOBILE & CASUALTY UNDERWRITERS v. BEESON

Nos. C-361-C-363.

516 P.2d 623 (1973)

STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, a corporation, and Insurance Company of North America, a corporation, Petitioners, v. Holly F. BEESON, a minor, by her father, next friend and guardian, Ernest A. Beeson, Petitioner-Respondent, and State Farm Mutual Automobile Insurance Company, a corporation, and Allstate Insurance Company, a corporation, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 24, 1973.

Attorney(s) appearing for the Case

Wood, Ris & Hames, F. Michael Ludwig, Denver, for petitioner-respondent, State Automobile and Casualty Underwriters.

Yegge, Hall & Evans, Don R. Evans, Gregory G. Vernon, Denver, for petitioner-respondent, Insurance Company of North America.

John H. Williamson, Montgomery, Little & Young, J. Bayard Young, Denver, for petitioner-respondent, Holly F. Beeson.

Wolvington, Dosh, DeMoulin, Anderson & Campbell, William P. DeMoulin, Denver, for respondent State Farm Mutual Automobile Ins. Co.

Burnett, Watson, Horan & Hilgers, William P. Horan, Denver, for respondent Allstate Ins. Co.

GROVES, Justice.

We granted certiorari with respect to the Court of Appeals opinion found in Colo.App., 508 P.2d 402 and now affirm. The following statement of facts has been taken almost verbatim from the Court of Appeals opinion.

This case arises out of an injury sustained by Holly Beeson when she was struck in the eye by a key thrown or dropped by her uncle, David Olsen, from a third floor window of an apartment...

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