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SMITH v. CITY AND COUNTY OF DENVER

No. 82CA1281.

695 P.2d 770 (1984)

Kevin Charles SMITH, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 29, 1984.

Certiorari Granted February 25, 1985.

Attorney(s) appearing for the Case

Bragg & Dubofsky, Douglas E. Bragg, Denver, for plaintiff-appellant.

Zarlengo, Mott & Zarlengo, John C. Mott, Karen R. Wells, Denver, for defendant-appellee.

SMITH, Judge.

Plaintiff, Kevin Smith, commenced this action against defendants, the City and County of Denver and its Board of Water Commissioners (the Board), alleging that he sustained injuries as a result of the Board's negligence.

Trial was to a jury which returned a verdict for Smith. The trial court thereafter granted the Board's motion for judgment notwithstanding the verdict pursuant to C.R.C.P. 50(b). The trial court also denied Smith's motion for...

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