CAIN v. LEAKE

No. 83CA0583.

695 P.2d 798 (1984)

H. Marie CAIN, nka H. Marie Burrows, individually and as natural mother and next friend of the deceased, Jeffrey Mark Cain, and Delores Chase and Jack Chase, individually and as natural parents and next friends of the deceased, Jay Chase, Plaintiffs-Appellants, v. James LEAKE, Jerry Couch, John Volpi, Daniel Garcia, James Green and Commerce City, Colorado, Defendants-Appellees, and Ralph Anthony Crowe and James Crowe, Defendants.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 17, 1985.

Certiorari Granted April 1, 1985.


Attorney(s) appearing for the Case

Leland S. Huttner, P.C., Leland S. Huttner, Anne M. Vitek, Denver, for plaintiffs-appellants.

Hall & Evans, Alan Epstein, Arthur R. Karstaedt, III, Denver, for defendants-appellees.


KELLY, Judge.

In this wrongful death action, plaintiffs appeal the summary judgment in favor of Commerce City and certain of its police officers. The trial court held that the police officers owed no duty to plaintiffs, that the police officers' actions were discretionary, and that the plaintiffs could not maintain an action for negligence. We reverse.

This action arose as the result of an automobile accident in September 1978, in which the minor defendant...

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