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LEAKE v. CAIN

No. 85SC66.

720 P.2d 152 (1986)

James LEAKE, Jerry Couch, John Volpi, Daniel Garcia, James Green, and Commerce City, Colorado, Petitioners, v. H. Marie CAIN, nka H. Marie Burrows, individually and as natural mother and next friend of the deceased, Jeffrey Mark Cain, and Delores Chase and Jack Chase, individually and as natural parents and next friends of the deceased Jay Chase, Respondents.

Supreme Court of Colorado, En Banc.

June 9, 1986.

Attorney(s) appearing for the Case

Hall & Evans, Alan Epstein, Arthur R. Karstaedt, III, Denver, for petitioners.

Leland S. Huttner, P.C., Anne M. Vitek, Denver, for respondents.

ERICKSON, Justice.

In this wrongful death action, respondents seek damages for the deaths of their children, who were killed when they were struck by an automobile driven by Ralph Crowe. The trial court granted petitioners' motion for summary judgment. In Cain v. Leake, 695 P.2d 798 (Colo.App.1984), the court of appeals reversed and remanded the case for trial. We granted certiorari, and we now reverse and remand to the court...

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