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EKBERG v. GREENE

No. 76-448.

571 P.2d 727 (1977)

Margaret M. EKBERG, Individually and as mother and natural guardian of Michael Dale Ekberg, a minor, and Raul and Wilma Talamantes, Individually and as parents and natural guardians of Donald Wayne Talamantes, a minor, Plaintiffs-Appellees, v. Kenneth C. GREENE, Individually and doing business as Greene's Fina Service, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing September 15, 1977.

Certiorari Granted November 21, 1977.

Attorney(s) appearing for the Case

Kenneth N. Kripke, Denver, for plaintiffs-appellees.

Madden & Strate, P. C., William J. Madden, Denver, for defendant-appellant.

RULAND, Judge.

Plaintiffs initiated this action to recover damages for burns received by Michael Ekberg and Donald Talamantes from a flash fire emanating from the restroom at defendant's service station. Judgment was entered upon a jury verdict for plaintiffs and defendant appeals. We reverse.

The record reflects the following sequence of events. Defendant had operated the service station in question for approximately...

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