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LYONS v. NASBY

No. 85CA1356.

748 P.2d 1341 (1987)

Doris LYONS, Plaintiff-Appellant, v. Donald NASBY, d/b/a Cripple Creek Inn, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 17, 1987.

Certiorari Granted February 1, 1988.

Attorney(s) appearing for the Case

Barash and LeHouillier, Robert C. Erler, Steven T. Nolan, Colorado Springs, for plaintiff-appellant.

Zarlengo, Mott, Zarlengo & Winbourn, Michelle Holland, Denver, for defendant-appellee.

Certiorari Granted (Lyons) February 1, 1988.

KELLY, Judge.

The plaintiff, Doris Lyons, appeals the judgment of dismissal of her wrongful death action against the defendant, Donald Nasby, d/b/a Cripple Creek Inn, for failure to state a claim upon which relief can be granted. She contends that the trial court erred in holding that the defendant owed no duty to her deceased son, Timothy D. Lyons. We affirm.

The plaintiff alleged that in August 1983, the...

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