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VOELKER v. CHERRY CREEK SCHOOL DIST. 5

No. 90CA1238.

840 P.2d 353 (1992)

Jennifer J. VOELKER, a minor BY her next friend, Gary E. VOELKER and Shirley A. Voelker, Gary E. Voelker and Shirley A. Voelker, Plaintiffs-Appellants, v. CHERRY CREEK SCHOOL DISTRICT NO. 5; Victoria Anne Timm, f/k/a Vicky Vosbeck; and Chris Walling, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied June 11, 1992.

Certiorari Granted October 26, 1992.

Attorney(s) appearing for the Case

Krell, Torigian & Power, Gary T. Cornwell, Houston, Tex., for plaintiffs-appellants.

Watson, Nathan & Bremer, P.C., J. Andrew Nathan, Christina M. Habas, Denver, for defendants-appellees Cherry Creek School Dist. No. 5 and Victoria Anne Timm.

Long & Jaudon, P.C., Dennis W. Brown, Denver, for defendant-appellee Chris Walling.

Opinion by Judge DUBOFSKY.

Plaintiff, Jennifer Voelker, by and through her parents, Gary E. Voelker and Shirley A. Voelker, appeals a judgment in favor of defendants based on her claims of negligence. We reverse.

Plaintiff brought this action to recover for injuries allegedly sustained in the course of her being a student attending school in Cherry Creek School District No. 5. She alleged that, through certain of the defendants' negligence, she was struck...

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