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JUSTUS v. JEFFERSON COUNTY SCHOOL DIST. R-1

No. 82CA1404.

683 P.2d 805 (1984)

Larry Gene JUSTUS, By and Through his Conservator, and Father, J.D. JUSTUS, Plaintiff-Appellant, v. JEFFERSON COUNTY SCHOOL DISTRICT R-1, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 8, 1984.

Certiorari Granted June 25, 1984.

Attorney(s) appearing for the Case

Davidovich & Welton, Charles Welton, Denver, for plaintiff-appellant.

Madden & Strate, P.C., George J. Strate, Robert J. Carlson, Wheat Ridge, for defendant-appellee.

PIERCE, Judge.

Plaintiff, Larry Gene Justus, a minor, by his father and conservator, J.D. Justus, appeals from a summary judgment entered against him by the trial court in a negligence action against defendant, Jefferson County School District R-1. We reverse and remand for a trial on the merits.

The various documents submitted to the court for determining the motion for summary judgment indicate that plaintiff was six years old and enrolled at an elementary...

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