CHARLTON v. KIMATA

No. 90SA118.

815 P.2d 946 (1991)

George D. CHARLTON, Emaline J. Charlton and Susan L. Johnsen, Plaintiffs-Appellants, v. Ricky R. KIMATA, Catherine Kimata, and Allstate Insurance Company, Inc., an Illinois corporation, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 16, 1991.


Attorney(s) appearing for the Case

Herbert A. Delap, Eugene A. Over, Jr., Delap & Barry, P.C., Denver, for plaintiffs-appellants.

Wayne L. Johnson, Englewood, for defendants-appellees Ricky and Catherine Kimata.

Patricia M. Ayd, Robert A. Zupkus, Zupkus & Ayd, P.C., Denver, for defendant-appellee Allstate Ins. Co.


Justice MULLARKEY delivered the Opinion of the Court.

The question in this case is whether section 12-47-128.5(4), 5 C.R.S. (1990 Supp.), which creates a limited claim for relief against social hosts who furnish alcoholic beverages to their guests, precludes the plaintiffs' common-law negligence claims and, if it does, whether the statute violates the state constitutional right of access to the courts, Colo. Const. Art. II, § 6, the constitutional guarantee of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases