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GARCIA v. WATKINS

No. 77-1671.

604 F.2d 1297 (1979)

Dominga Renya GARCIA, Richard Garcia, Robert Garcia, Amelia Garcia Velasquez, Rudy Garcia, Roger Garcia, Lydia Garcia, a minor, Alicia Garcia, a minor, and Ramiro Garcia, a minor, Plaintiffs-Appellants, v. Robert W. WATKINS and Western Transportation, Inc., a Colorado Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 15, 1979.

Attorney(s) appearing for the Case

Linda S. Chapman, Amarillo, Tex. (with Charles F. Brega, of Roath & Brega, Denver, Colo., George Whittenburg and Cary Schachter, of Whittenburg Law Firm, Amarillo, Tex., on brief), for plaintiffs-appellants.

Wesley H. Doan, Lakewood, Colo. (with Merle R. Knous, Lakewood, Colo., on brief), for defendants-appellees.

Before SETH, Chief Judge, McWILLIAMS and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This tragic case arises out of a vehicular accident which caused the death of Rafael Garcia and injuries to his wife and son. The accident occurred when the vehicle in which they were riding left the highway and overturned. The defendant Watkins, who was acting in the scope of his employment for Western Transportation, Inc., stopped to render assistance. The plaintiffs' theory is that their vehicle was crowded off the road by the defendant while...

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