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WHEELER v. BAKER

No. 80CA1241.

636 P.2d 1326 (1981)

Kellie Marie WHEELER, by her next friend, John H. Wheeler, III, John H. Wheeler, III and Joan Wheeler, Plaintiffs-Appellants, v. Thomas D. BAKER, Mr. & Mrs. Richard A. Baker, Defendants, and The County of Eagle, Co., by and through its County Commissioners, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 17, 1981.

Certiorari Granted November 23, 1981.

Attorney(s) appearing for the Case

Robert A. Francis, P. C., Robert A. Francis, Aspen, for plaintiffs-appellants.

Hall & Evans, David R. Brougham, Denver, for defendant-appellee.

STERNBERG, Judge.

The minor plaintiff, Kellie M. Wheeler, was critically injured when struck by an automobile while walking along a two-lane, paved county road in Eagle County. This action was brought by her parents for injuries and damages sustained as a result of the collision. The case against Baker, the driver of the car, and his parents subsequently was settled. Eagle County was sued on the theory that it had a duty to provide a pedestrian walkway along the county...

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