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MOUNTAIN MOBILE MIX, INC. v. GIFFORD

No. 80CA0474.

628 P.2d 133 (1980)

MOUNTAIN MOBILE MIX, INC., a Colorado Corporation, Plaintiff-Appellant, v. Pete GIFFORD, Individually and d/b/a Foothills Concrete, Dale Green, Individually and as a partner in Timberridge Construction Co., a partnership, and Timberridge Construction Co., a partnership, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 29, 1981.

Certiorari Granted May 4, 1981.

Attorney(s) appearing for the Case

Cosgriff, Dunn & French, Timothy H. Berry, Peter Cosgriff, Leadville, for plaintiff-appellant.

Madden & Strate, P. C., Trevor J. MacLennan, Denver, for defendants-appellees.

Ireland, Stapleton & Pryor, P. C., William G. Imig, Denver, for amicus curiae National Association of Independent Insurers.

Hoffman & McDermott, Gerald P. McDermott, Leland P. Anderson, Denver, for amicus curiae Colorado Trial Lawyers Association.

KELLY, Judge.

Mountain Mobile Mix, Inc., appeals from a judgment denying relief in a negligence action against Pete Gifford and Dale Green to recover property damage. The sole issue presented on appeal is whether, in a multiple defendant action, the Colorado Comparative Negligence Act, § 13-21-111, C.R.S. 1973, should be interpreted as requiring that the negligence of a plaintiff be compared against the combined negligence of all defendants or against the negligence...

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