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BIELLA v. STATE DEPT. OF HIGHWAYS

No. 81CA0245.

652 P.2d 1100 (1982)

Richard BIELLA, Plaintiff-Appellee and Cross-Appellant, v. The STATE DEPARTMENT OF HIGHWAYS of the State of Colorado; The State of Colorado, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 22, 1982.

Certiorari Granted October 25, 1982.

Attorney(s) appearing for the Case

Caplan & Earnest, Gerald A. Caplan, Boulder, for plaintiff-appellee and cross-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., David K. Rees, Asst. Atty. Gen., Denver, for defendants-appellants and cross-appellees.

VAN CISE, Judge.

Defendants, State Department of Highways and the State of Colorado, appeal the trial court's award of damages to the plaintiff and its order denying defendants' motion to vacate default judgment. Plaintiff has abandoned his cross-appeal. We affirm.

On April 19, 1978, the plaintiff's prize heifer wandered onto Colorado Highway 36 and was killed by an oncoming car. Plaintiff's lawyer demanded payment from the State of Colorado, claiming that...

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