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HABERKORN BY HABERKORN v. ROHM-GMBH

No. 84CA0481.

709 P.2d 44 (1985)

Michael HABERKORN, a minor, by his next friend, Ronald HABERKORN, Plaintiff-Appellant, v. ROHM-GMBH, a West German limited partnership, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 11, 1985.

Certiorari Denied November 4, 1985.

Attorney(s) appearing for the Case

Philip E. Lowery, P.C., Philip E. Lowery, Scot W. Nolte, Denver, for plaintiff-appellant.

Wood, Ris & Hames, P.C., Bruce F. Fest, Jeffrey Clay Ruebel, Denver, for defendant-appellee.

BABCOCK, Judge.

Plaintiff, Michael Haberkorn, a minor by his next friend Ronald Haberkorn, appeals from the entry of summary judgment in favor of defendant, ROHM-GMBH, a West German limited partnership (ROHM). We reverse.

On August 3, 1977, the plaintiff's brother and a neighbor were playing with a loaded revolver when they shot the plaintiff through the neck. Plaintiff was then ten years old.

An action in negligence, strict liability, and breach of...

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