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GALLEGOS v. PHIPPS

No. 88SA141.

779 P.2d 856 (1989)

Bernie L. GALLEGOS and Sandra Gallegos, Plaintiffs-Appellants, v. Lawrence C. PHIPPS, III, Douglas MacConnell, Agnes A. MacConnell, as individuals and directors of Red Ram Management, Inc., a Colorado corporation, and Red Ram Management, Inc., a Colorado corporation, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 16, 1989.

Attorney(s) appearing for the Case

Jeffrey R. Edelman and Joseph R. Haughain, Denver, for plaintiffs-appellants.

Wood, Ris & Hames, P.C., Bruce F. Fest and Christian N. Lind, Denver, for defendant-appellee Lawrence C. Phipps, III.

Yu, Stromberg & Huotari, P.C., Frederick Y. Yu, Denver, for defendants-appellees Douglas MacConnell, Agnes MacConnell and Red Ram Management, Inc.

Justice ERICKSON delivered the Opinion of the Court.

The appellants, Bernie Gallegos and Sandra Gallegos, appeal from a jury verdict finding the defendants not liable for injuries suffered by Bernie Gallegos when he fell down a staircase located on defendants' property. Specifically, the appellants claim, inter alia, that section 13-21-115, 6A C.R.S. (1987) (actions against landowners), violates the constitutional guarantee to equal protection and is therefore unconstitutional...

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