EKBERG v. GREENE

No. C-1386.

588 P.2d 375 (1978)

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, Petitioners, v. Kenneth C. GREENE, Individually and doing business as Greene's Fina Service, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 8, 1979.


Attorney(s) appearing for the Case

Kenneth N. Kripke, Denver, for petitioners.

Madden & Strate, P. C., William J. Madden, Denver, for respondent.


HODGES, Chief Justice.

Petitioners Ekberg and Talamantes (plaintiffs) instituted this negligence action to recover damages for injuries sustained in a flash fire which occurred in the restroom of respondent (defendant) Greene's service station. The jury rendered a verdict for plaintiffs and the trial court entered judgment. The court of appeals reversed, holding that, as a matter of law, defendant's negligence was not the proximate cause of the plaintiffs' injuries...

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