CHERRY CREEK SCHOOL DIST. v. VOELKER

No. 92SC444.

859 P.2d 805 (1993)

CHERRY CREEK SCHOOL DISTRICT # 5; Victoria Anne Timm, f/k/a Vicky Vosbeck; and Chris Walling, Petitioners, v. Jennifer J. VOELKER, a minor by her next friends, Gary E. and Shirley A. VOELKER; and Gary E. Voelker and Shirley A. Voelker, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 25, 1993.


Attorney(s) appearing for the Case

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

Long and Jaudon, P.C., Dennis W. Brown, Thomas C. Kearns, Denver, for petitioner Chris Walling.

Gary T. Cornwell, The Woodlands, TX, for respondents.


Chief Justice ROVIRA delivered the Opinion of the Court.

We accepted certiorari to review the court of appeals decision in Voelker v. Cherry Creek School District No. 5, 840 P.2d 353 (Colo.App.1992), which held that the trial court abused its discretion in denying respondents' request to have a preservation video deposition taken, or alternatively, in refusing to grant them a continuance until the deposition could be taken...

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