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MARTINEZ v. CITY OF LAKEWOOD

No. 81CA1006.

655 P.2d 1388 (1982)

Delicia MARTINEZ and Reynaldo Martinez, Plaintiffs-Appellants, v. CITY OF LAKEWOOD, a municipal corporation, Defendant-Appellee, and Jerome G. Downing, Personal Representative of the Estate of Olive McCaffery, also known as Olive Georgianna McCaffery, decedent, Defendant.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 16, 1982.

Certiorari Denied December 13, 1982.

Attorney(s) appearing for the Case

Hoffman & McDermott, Gene M. Hoffman, Leland P. Anderson, Denver, for plaintiffs-appellants.

Wood, Ris & Hames, P.C., F. Michael Ludwig, Joel A. Moritz, Denver, for defendant-appellee.

BERMAN, Judge.

In this personal injury action, plaintiffs, Delicia and Reynaldo Martinez, appeal the summary judgment granted by the district court premised on its ruling that there was no duty owed to the plaintiffs by defendant City of Lakewood (City). We reverse and remand.

The accident out of which this action arose occurred as Delicia Martinez attempted to cross a Lakewood street in an area of that street which...

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