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SMITH v. CITY AND COUNTY OF DENVER

No. 84SC477.

726 P.2d 1125 (1986)

Kevin Charles SMITH, Petitioner, v. CITY AND COUNTY OF DENVER, acting By and Through ITS BOARD OF WATER COMMISSIONERS, Respondent.

Supreme Court of Colorado, En Banc.

October 20, 1986.

Attorney(s) appearing for the Case

Bragg & Dubofsky, P.C., Douglas E. Bragg, Denver, for petitioner.

Zarlengo, Mott, Zarlengo & Winbourn, John C. Mott, Karen R. Wells, Denver, for respondent.

Colorado Trial Lawyers Ass'n, Gerald P. McDermott, Denver, amicus curiae.

VOLLACK, Justice.

We granted certiorari to review the court of appeals' opinion in Smith v. City and County of Denver, 695 P.2d 770 (Colo.App. 1984). We affirm.

I.

On September 3, 1979, the petitioner, Kevin Charles Smith, dived off a rock cliff and struck the bottom of a portion of the South Platte River, in an area known as "The Chutes." The petitioner was rendered quadriplegic as a result of the dive. The...

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