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WHITLOCK v. UNIVERSITY OF DENVER

No. 83CA0136.

712 P.2d 1072 (1985)

Oscar WHITLOCK, Plaintiff-Appellant and Cross-Appellee, v. UNIVERSITY OF DENVER, a Colorado corporation, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 12, 1985.

Certiorari Granted January 31, 1986.

Attorney(s) appearing for the Case

Gerash & Robinson, P.C., Walter L. Gerash, Scott H. Robinson, Denver, for plaintiff-appellant and cross-appellee.

Hall & Evans, Eugene O. Daniels, James A. Smith, Alan Epstein, Denver, for defendant-appellee and cross-appellant.

Kripke, Epstein & Lawrence, P.C., Scott W. Lawrence, Denver, amicus curiae for Colo. Trial Lawyers Ass'n.

Covington & Burling, Eugene D. Gulland, J. Peter Byrne, Washington, D.C., amicus curiae for American Council on Educ.

Certiorari Granted (University) January 31, 1986.

TURSI, Judge.

Plaintiff, Oscar Whitlock, appeals an order granting the defendant University of Denver's motion for judgment notwithstanding the verdict and, in the alternative, a remittitur or a new trial. The university cross-appeals that part of the trial court's order which upheld the jury's finding that the university owed a legal duty to the plaintiff. We reverse, and remand for reinstatement of the jury...

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