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SCHEIMO v. HOLZFASTER

No. 77-739.

580 P.2d 402 (1978)

Nancy Ann SCHEIMO and Ronald Scheimo, as father and next friend of Nancy Ann Scheimo, Plaintiffs-Appellants, v. Cheryl HOLZFASTER and V. Mark Holzfaster, Defendants-Appellees.

Colorado Court of Appeals, Division. 3.

Rehearing Denied April 27, 1978.

Certiorari Denied June 19, 1978.

Attorney(s) appearing for the Case

Bradley, Campbell & Carney, Victor F. Boog, Golden, for plaintiffs-appellants.

DeMoulin, Anderson, Campbell & Laugeson, Byron G. Rogers, Jr., Denver, for defendants-appellees.

SILVERSTEIN, Chief Judge.

Plaintiffs appeal from a judgment dismissing their complaint pursuant to defendant's motion for summary judgment. We reverse.

The complaint states that on May 22, 1974, "the Defendant Cheryl Holzfaster negligently drove a motor vehicle in which the Plaintiff Nancy Ann Scheimo was a passenger," as a result of which the plaintiff was injured.

The facts are undisputed. The car was owned by Nancy's father, plaintiff Ronald Scheimo...

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