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BUTCHER v. CORDOVA

No. 85CA0108.

728 P.2d 388 (1986)

Dorothy BUTCHER, as Conservator for Dion Risoli, Plaintiff-Appellant, v. Manuel CORDOVA, and Catherine Cordova, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 16, 1986.

Attorney(s) appearing for the Case

Gene L. Breitenbach, P.C., Gene L. Breitenbach, Pueblo, for plaintiff-appellant.

Kane & Donley, Jerry Alan Donley, Colorado Springs, for defendants-appellees.

METZGER, Judge.

Dion Risoli, age 9, injured his left eye while using a BB pistol lent to him by his cousin, Randy Cordova, age 11, during a visit at Randy's home. By and through his conservator, Dorothy Butcher, he sued Randy's parents, defendants Catherine and Manuel Cordova, based on a theory of negligent entrustment. At the conclusion of plaintiff's case, the trial court directed a verdict in favor of the Cordovas, holding that as a matter of law they owed no duty...

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