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MOUNTAIN MOBILE MIX, INC. v. GIFFORD

No. 81SC47.

660 P.2d 883 (1983)

MOUNTAIN MOBILE MIX, INC., a Colorado corporation, Petitioner, 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, Respondents.

Supreme Court of Colorado, En Banc.

February 22, 1983.

Attorney(s) appearing for the Case

Cosgriff, Dunn & French, Timothy H. Berry, Leadville, for petitioner.

Madden & Strate, P.C., Trevor J. Mac-Lennan, Denver, for respondents.

Ireland, Stapleton & Pryor, P.C., William G. Imig, Paul S. Sanzo, Denver, for Nat. Ass'n of Independent Insurers, amicus curiae.

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

ERICKSON, Justice.

This appeal presents a case of first impression involving the liability of multiple defendants under the Colorado comparative negligence statute, section 13-21-111, C.R.S.1973. The sole issue is whether the comparative negligence statute should be interpreted to require that the contributory negligence of a plaintiff be compared against the combined negligence of multiple defendants. The court of appeals held that an individual comparison rule is...

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