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ELLERMAN v. KITE

No. 79SC273.

625 P.2d 1006 (1981)

Rachel ELLERMAN, individually and as next friend of Carl H. Lytle, Jr., a minor, Petitioners, v. Terrence Wayne KITE, individually and as agent for Anco Construction Company, Ltd., a Colorado corporation, and Yerby Banics, Respondents.

Supreme Court of Colorado, En Banc.

March 16, 1981.

Attorney(s) appearing for the Case

Berger & Rothstein, P. C., David Berger, Kent Denzel, Commerce City, for petitioners.

Yegge, Hall & Evans, Eugene O. Daniels, Duncan W. Cameron, Denver, for respondents.

LOHR, Justice.

We issued a writ of certiorari to review the court of appeals' decision in Ellerman v. Kite, Colo.App. (1979), affirming summary judgment in favor of defendant Anco Construction Company, Ltd. (Anco) in a personal injury action. Because our review of the record persuades us that a genuine issue of material fact exists, we reverse.

About 1:45 p.m. on February 2, 1974, 7-year-old Carl H. Lytle, Jr. was crossing a state highway in Commerce...

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