HEAGNEY v. SCHNEIDER

No. 83CA0231.

677 P.2d 446 (1984)

Joseph Dean HEAGNEY, Plaintiff-Appellant, v. Craig SCHNEIDER, Colorado State Patrol, and the State of Colorado, the Little Bandit Truck Stop, Inc., and Bill Schaefer (a/k/a Shaver), Defendants-Appellees.

Colorado Court of Appeals, Div. II.

January 12, 1984.


Attorney(s) appearing for the Case

Allen J. Kincaid & Assoc., W. Edward Pabst, Brush, for plaintiff-appellant.

Law Offices of Peter Alpert, Peter Alpert, Robin Crites, Denver, for defendants-appellees The Little Bandit Truck Stop, Inc., and Bill Schaefer (a/k/a Shaver).

Hall & Evans, William F. Eggert, Denver, for defendants-appellees Craig Schneider, Colorado State Patrol and the State of Colo.


BERMAN, Judge.

In a negligence action to recover for property damage to his truck, plaintiff, Joseph Dean Heagney, appeals the trial court's granting of a motion for summary judgment in favor of defendants. We affirm.

On November 12, 1979, plaintiff's truck overturned on State Highway 34, just south of Brush, Colorado, partially blocking traffic. When gasoline from the truck was observed leaking onto the pavement, the fire department was called to hose the...

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