WILLS v. BATH EXCAVATING & CONST. CO.

No. 89CA2000.

829 P.2d 405 (1991)

Norman WILLS and Jeanie Wills, Plaintiffs-Appellants, v. BATH EXCAVATING & CONSTRUCTION CO. and Hahn Plumbing & Heating, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied August 1 and August 8, 1991.

Certiorari Granted May 11, 1992.


Attorney(s) appearing for the Case

Williams, Trine, Mari C. Bush, J. Conard Metcalf, Boulder, for plaintiffs-appellants.

Clifton & Hemphill, P.C., James R. Clifton, Rothgerber, Appel, Powers & Johnson, Patrick Q. Hustead, Franklin D. O'Loughlin, Denver, for defendants-appellees.


Opinion by Judge NEY.

In this personal injury action, plaintiffs, Norman and Jeanie Wills, appeal the summary judgment entered in favor of defendants, Bath Excavating and Construction Company and Hahn Plumbing and Heating, Inc. We reverse and remand with instructions.

While searching, under the direction of defendant Hahn, for underground water pipes, defendant Bath, using heavy excavating equipment, first severed a service line and then caused a second leak...

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