JACQUE v. PUBLIC SERVICE CO. OF COLORADO

No. 93CA0419.

890 P.2d 138 (1994)

Jason JACQUE, a protected and incapacitated person, By and Through his Guardian and Conservator, Ann DYER, Plaintiff-Appellant, v. PUBLIC SERVICE COMPANY OF COLORADO, Defendant-Appellee.

Colorado Court of Appeals, Div. C.

As Modified on Denial of Rehearing June 30, 1994.

Certiorari Denied March 6, 1995.


Attorney(s) appearing for the Case

Holme, Roberts & Owen, L.L.C., Daniel S. Hoffman, Boyd N. Boland, Walter H. Sargent, Denver, for plaintiff-appellant.

Kevin W. Hecht, Kutak Rock and Timothy J. Flanagan, Denver, for defendant-appellee.


Opinion by Judge TAUBMAN.

Plaintiff, Jason Jacque, through his guardian and conservator, appeals the summary judgment entered in favor of defendant, Public Service Company of Colorado (PSC). The judgment was premised on the trial court's ruling that PSC owed no duty to plaintiff in placing a utility pole ten feet from the paved portion of a 90-degree curve in a road. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

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