SALAZAR v. WEBB

No. 79CA0824.

618 P.2d 706 (1980)

Jose S. C. SALAZAR and Virginia S. Salazar, Individually and as parents of Randolph M. Salazar, a minor, Juan D. Salazar, a minor, and Kenneth L. Salazar, a minor, Randolph M. Salazar, by and through his next friend, Jose S. C. Salazar, Juan D. Salazar, by and through his next friend, Jose S. C. Salazar, Kenneth L. Salazar, by and through his next friend, Jose S. C. Salazar, Larry R. Ball and Joyce Ball, Individually and as parents of Lawrence R. Ball, a minor; Lawrence R. Ball, by and through his next friend, Joyce Ball; David A. Vigil and Mary E. Vigil, Individually and as parents of Ronald E. Vigil, a minor; Ronald E. Vigil, by and through his next friend, David A. Vigil, Plaintiffs-Appellants, v. Roger L. WEBB, D. M. Simmons, Individually and as Co-Venturers of 4150 Joint Venture; and 4150 Joint Venture, a Joint Venture, Defendants-Appellees, and City and County of Denver, a Municipal Corporation of the State of Colorado; City of Sheridan, a Municipal Corporation of the State of Colorado; County of Arapahoe, a corporate body; Board of County Commissioners of the County of Arapahoe; South Suburban Metropolitan Recreation and Park District; and Colorado Disposal, Inc., a Colorado Corporation; and Paul T. Van Winkle, Individually and as Co-Venturer of 4150 Joint Venture, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 7, 1980.

Certiorari Denied October 6, 1980.


Attorney(s) appearing for the Case

Edward A. Jersin, Julie M. Reardon, Denver, for plaintiffs-appellants.

Goldstein, Armour & Lonnquist, P.C., Alan A. Armour, Denver, for defendants-appellees.


KELLY, Judge.

This is one of a series of appeals of summary judgment orders by the plaintiffs, five children and their parents. The trial court granted the summary judgment motion by the defendants, Roger L. Webb and D. M. Simmons, individually and as participants in an enterprise known as 4150 Joint Venture. We reverse.

The children were severely injured by an explosion in a storm sewer beneath property owned by 4150 Joint Venture and leased to Colorado Disposal...

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