SIGMAN v. SEAFOOD LTD. PARTNERSHIP I

No. 90SA376.

817 P.2d 527 (1991)

Curtis SIGMAN, By and Through his heirs, Kris SIGMAN, Recil Sigman, Mary Sigman, and Kathy Kacal, Plaintiffs-Appellants, v. SEAFOOD LIMITED PARTNERSHIP I and Seafood Enterprises, Inc., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

September 16, 1991.


Attorney(s) appearing for the Case

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

Hall & Evans, Alan Epstein, Michael Brice Sullivan, Denver, for defendants-appellees.

Wilcox, Ogden & Cox, P.C., Ralph Ogden, Denver, for amicus curiae The Colorado Trial Lawyers Ass'n.


Justice VOLLACK delivered the Opinion of the Court.

The heirs of Curtis Sigman (plaintiffs) appeal the district court's dismissal of their wrongful death action based on its ruling that section 12-47-128.5, 5 C.R.S. (1990 Supp.), precluded the plaintiffs' claims and that the statute was constitutional.1 We affirm.

I.

On July 19, 1989, Curtis Sigman (Sigman) consumed an excessive...

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