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KENNEDY BY AND THROUGH KENNEDY v. PELSTER

No. 90CA1297.

813 P.2d 845 (1991)

Patricia KENNEDY, and Darrell Kennedy, and Erick Kennedy, By and Through Patricia KENNEDY, as Next Friend, Parent and Guardian, Plaintiffs-Appellants, v. Shawn PELSTER, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

June 6, 1991.

Attorney(s) appearing for the Case

Russell E. Vigil, Denver, for plaintiffs-appellants.

White and Steele, P.C., Michael W. Anderson, Denver, for defendant-appellee.

Opinion by Judge CRISWELL.

Plaintiffs Darrell and Patricia Kennedy appeal from the judgment of the trial court that dismissed the complaint filed by them against the defendant, Shawn Pelster, for injuries sustained by the minor plaintiff, Erick Kennedy, through the alleged negligence of the defendant. The judgment of dismissal resulted from the trial court's finding that both adult plaintiffs had willfully refused to participate...

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