KWIK WAY STORES, INC. v. CALDWELL

No. 85SC281.

745 P.2d 672 (1987)

KWIK WAY STORES, INC., a Colorado corporation, Petitioner, v. Donna CALDWELL and James Waits, Respondents.

Supreme Court of Colorado, En Banc.

November 16, 1987.


Attorney(s) appearing for the Case

Goodbar & Johnson, David M. Johnson, Colorado Springs, for petitioner.

Alan Jensen, Colorado Springs, for respondents.


QUINN, Chief Justice.

We granted certiorari to review the decision of the court of appeals in Kwik Way Stores, Inc. v. Caldwell, 709 P.2d 36 (Colo. App.1985), which reversed a default judgment in favor of the petitioner-plaintiff, Kwik Way Stores, Inc. (Kwik Way), as a result of the failure of the respondents-defendants, Donna Caldwell and James Waits, to appear for their depositions after having been duly served with a deposition...

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