ESTATE OF NEWTON v. McNEW

No. 83CA0570.

698 P.2d 835 (1984)

ESTATE OF Herbert L. NEWTON, Jr., By and Through its Personal Representative, Mildred J. NEWTON, on Behalf of the Rightful Heirs thereof, Mildred J. NEWTON, individually on behalf of herself and the minor children of the said deceased, Plaintiffs-Appellees, Cross-Appellants, v. Charles Dean McNEW, a/k/a Poncho McNew, d/b/a McNew Construction, Defendant-Appellant, Cross-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 29, 1984.

Certiorari Denied April 22, 1985.


Attorney(s) appearing for the Case

James C. Anesi, Durango, for plaintiffs-appellees, cross-appellants.

Greengard & Senter, James E. Goldfarb, Denver, for defendant-appellant, cross-appellee.


TURSI, Judge.

Defendant, Charles Dean (Poncho) McNew, appeals from a judgment entered on a jury verdict finding him liable for the wrongful death of Herbert L. Newton, Jr., after Newton died from a heart attack as a result of fighting a fire allegedly started by McNew. Plaintiffs cross-appeal the granting of defendant's motion for summary judgment dismissing their claim for outrageous conduct. We affirm.

The testimony shows that on February 13, 1981, McNew...

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