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ELLERMAN v. KITE

No. 78-216.

626 P.2d 696 (1979)

Rachel ELLERMAN, individually and as next friend of Carl H. Lytle, Jr., a minor, Plaintiffs-Appellants, v. Terrance Wayne KITE, individually and as agent for Anco Construction Company, Ltd., a Colorado corporation, and Yerby Banics, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 2, 1979.

Certiorari Granted November 13, 1979.

Attorney(s) appearing for the Case

Berger & Rothstein, P. C., David Berger, Commerce City, for plaintiffs-appellants.

Yegge, Hall & Evans, Eugene O. Daniels and Duncan W. Cameron, Denver, for defendants-appellees.

KELLY, Judge.

Rachel Ellerman, as next friend of Carl H. Lytle, Jr., a minor, brought an action against the defendants for damages for injuries suffered by the child in an automobile accident. The trial court entered summary judgment in favor of Anco Construction Company, Ltd., and a proper order under C.R.C.P. 54(b) was entered. Ellerman contends that there are genuine issues of material fact precluding the entry of summary judgment. We disagree, and therefore affirm...

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