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RODRIGUEZ v. SAFECO INS. CO.

No. 90CA37.

821 P.2d 849 (1991)

Peter S. RODRIGUEZ, a minor, By and Through his mother, conservator, natural parent and next friend, Tracey RODRIGUEZ; Sean Rodriguez and Tracey Rodriguez, individually, as assignees of Laura Brimmer, Plaintiffs-Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 25, 1991.

Certiorari Denied December 23, 1991.

Attorney(s) appearing for the Case

Roger T. Castle, P.C., Roger T. Castle, Denver, for plaintiffs-appellants.

Long & Jaudon, P.C., Joseph C. Jaudon, Robert M. Baldwin, Denver, for defendant-appellee.

Opinion by Judge HUME.

Plaintiffs, Sean, Tracey, and Peter S. Rodriguez, appeal a summary judgment entered in favor of defendant, Safeco Insurance Company of America. We affirm.

In 1987, Peter, then a three-month-old infant, suffered a traumatic head injury that resulted in severe brain damage while he was being cared for by Laura Brimmer, who operated a licensed child day care business in her home. Brimmer had in effect liability insurance for her day care...

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