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McMAHON v. DENVER WATER BOARD

No. 88CA0244.

780 P.2d 28 (1989)

Michael T. McMAHON, Plaintiff-Appellant, v. DENVER WATER BOARD, a body politic and the Board of Commissioners, thereof, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 4, 1989.

Certiorari Denied September 5, 1989.

Attorney(s) appearing for the Case

Ralph B. Rhodes, Denver, for plaintiff-appellant.

Wayne D. Williams, and Hulbert E. Reichelt, Denver, for defendants-appellees.

PLANK, Judge.

Plaintiff, Michael T. McMahon, appeals the trial court's dismissal of his complaint against defendant, Denver Water Board, for failure to comply with the notice requirement under § 24-10-109, C.R.S. (1988 Repl.Vol. 10A). We affirm.

The record reveals that plaintiff was riding his bicycle in the City of Littleton on May 2, 1987. His bicycle struck a trench which the Denver Water Board had dug and backfilled. McMahon was thrown from his bicycle...

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