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STATE BURRON v. EDWARDS

No. 78-726.

594 P.2d 1064 (1979)

The ESTATE of Bryan F. BURRON, Plaintiff-Appellant, v. Robert L. EDWARDS, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 22, 1979.

Certiorari Denied May 14, 1979.

Attorney(s) appearing for the Case

Williams, Trine & Greenstein, P.C., William A. Trine, Dominick & Hurley, Debra A. Hurley, Boulder, for plaintiff-appellant.

Joseph P. Jenkins, P.C., Joseph P. Jenkins, Estes Park, for defendant-appellee.

COYTE, Judge.

This appeal presents the issue of whether the survival statute, § 13-20-101, C.R.S. 1973, allows a claim for exemplary damages to survive the death of the injured person. We hold that the statute prohibits survival of this claim.

Prior to the death of Bryan F. Burron, he instituted an action against defendant seeking compensatory and exemplary damages arising from assault and battery. Burron died...

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