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BLACK BY AND THROUGH BAYLESS v. CULLAR

No. 82CA0523.

665 P.2d 1029 (1983)

Timothy BLACK, By and Through Georgann BAYLESS, as next friend, Plaintiff-Appellant, v. Steve CULLAR, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

April 28, 1983.

Attorney(s) appearing for the Case

Thomas D. McFarland, Littleton, for plaintiff-appellant.

Richard M. Huckeby, Denver, for defendant-appellee.

VAN CISE, Judge.

Plaintiff, Timothy Black, appeals a judgment dismissing his assault and battery case against defendant, Steve Cullar, for failure of the next friend, Georgann Bayless, to appear for or to submit to a deposition. We reverse.

In 1978, when this suit was commenced, plaintiff was 17 years old. See § 13-22-101, C.R.S.1973. Therefore, pursuant to C.R.C.P. 17(c), he sued in his name, "by and through Georgann Bayless, as next friend."...

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