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BOARD OF COUNTY COM'RS v. MORELAND

No. 86SC181.

764 P.2d 812 (1988)

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF La PLATA, a political and governmental subdivision of the State of Colorado, Petitioner, v. Frederick MORELAND, Respondent.

Supreme Court of Colorado, En Banc.

November 28, 1988.

Attorney(s) appearing for the Case

Hall & Evans, Richard A. Waltz, Alan Epstein, Denver, for petitioner.

Alan E. Johnson, Durango, for respondent.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for amicus curiae State of Colorado.

Scott H. Robinson, Gerald P. McDermott, Denver, for amicus curiae Colorado Trial Lawyers Assn.

LOHR, Justice.

The respondent, Frederick Moreland, became a paraplegic as a result of a fall from an unenclosed deck of a cabin located near Durango. He brought suit in negligence against the County of La Plata (County)1 based upon the failure of the County to require that a guardrail be constructed around the deck, as mandated by the County's building code. A jury trial was held, after which...

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