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COX v. JONES

No. 89CA0759.

802 P.2d 1125 (1990)

Sara COX, Plaintiff-Appellant, v. Dilworth JONES, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 5, 1990.

Certiorari Granted December 24, 1990.

Attorney(s) appearing for the Case

David A. Bauer, P.C., David A. Bauer, Lakewood, for plaintiff-appellant.

Hall and Evans, William James Barber, Christine Van Coney, Denver, for defendant-appellee.

Opinion by Judge NEY.

Plaintiff, Sara Cox, appeals from the dismissal of her complaint against defendant, Dilworth Jones. We reverse.

The complaint filed on October 11, 1988, alleged that plaintiff was injured on October 7, 1986, when her automobile was struck by a vehicle negligently operated by defendant. Defendant filed a motion to dismiss pursuant to C.R.C.P. 12(b)(5) and for attorney fees, asserting that plaintiff's

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