LYTLE v. KITE

No. 85SC483.

728 P.2d 305 (1986)

Rachel LYTLE, formerly known as Rachel Ellerman, individually and as next friend of Carl H. Lytle, Jr., a Minor, Petitioners, v. Terrance Wayne KITE, individually and as agent for Anco Construction Company, Ltd., a Colorado corporation; and Yerby Banics, a/k/a Banks Yerby, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 8, 1986.


Attorney(s) appearing for the Case

Berger & Rothstein, P.C., David Berger, Nathan M. Berger, Commerce City, for petitioners.

Downey & Gulley, P.C., Daniel W. Patterson, Denver, for respondent Terrance Wayne Kite.

Hall & Evans, Duncan W. Cameron, Brooke Wunnicke, Denver, for respondent Anco Const. Co., Ltd.

No appearance for respondent Banks Yerby.


VOLLACK, Justice.

We granted certiorari to review two issues concerning the unpublished opinion of the court of appeals in Lytle v. Kite, No. 83CA0537 (Oct. 3, 1985), which addressed the scope of an employee's employment when the pickup truck, which the employee was driving, struck a seven-year-old child who was crossing a highway. As a threshold matter, we first review the trial court's certification pursuant to C.R.C.P. 54(b) and hold that the certification...

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