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GRABER v. WESTAWAY

No. 90CA0451.

809 P.2d 1126 (1991)

Jase P. GRABER, Defendant and Third-Party Plaintiff-Appellant, v. Keith WESTAWAY, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. III.

March 28, 1991.

Attorney(s) appearing for the Case

Woodrow, Roushar & Carey, Frank J. Woodrow, Montrose, for defendant and third-party plaintiff appellant.

LaCroix & Alvillar, P.C., James R. Alvillar, Grand Junction, for third-party defendant-appellee.

Opinion by Judge TURSI.

Defendant and third-party plaintiff, Jase P. Graber, appeals the judgment denying his efforts to pursue a third-party complaint against Keith Westaway, third-party defendant. The issue before us is whether a defendant who has settled a personal injury claim is prohibited by § 13-21-111.5, C.R.S. (1990 Cum.Supp.), the proportionate fault statute, from litigating the apportionment of liability and collecting contribution from a non-designated...

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