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THOMPSON v. COLORADO AND EASTERN R. CO.

No. 92CA0649.

852 P.2d 1328 (1993)

Robert F. THOMPSON, Jr. and Joyce M. Thompson, Plaintiffs-Appellants, v. COLORADO AND EASTERN RAILROAD COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 22, 1993.

Attorney(s) appearing for the Case

James G. Felt, P.C., Charles T. Houghton, Colorado Springs, for plaintiffs-appellants.

Orville A. Kenelly, Colorado Springs, for defendant-appellee.

Opinion by Chief Judge STERNBERG.

The determinative issue in this appeal is whether a trial court may consider the negligence of, and apportion liability to, nonparties when such nonparties have not been designated by the defendant pursuant to § 13-21-111.5, C.R.S. (1987 Repl.Vol. 6A). Because we conclude that such apportionment is not proper, we reverse that portion of the judgment of the trial court in which it ascertained...

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