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PIERCE v. WIGLESWORTH

No. 92CA1658.

903 P.2d 656 (1994)

Eric J. PIERCE, Plaintiff-Appellant, v. Richard L. WIGLESWORTH, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 13, 1994.

Certiorari Denied May 8, 1995.

Attorney(s) appearing for the Case

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Purvis, Gray, Schuetze, & Gordon, William R. Gray, Glen F. Gordon, Boulder, for plaintiff-appellant.

Hall & Evans, L.L.C., Alan Epstein, John P. Mitzner, Denver, for defendant-appellee.

Opinion by Judge METZGER.

In this personal injury action against defendant, Richard L. Wiglesworth, plaintiff, Eric J. Pierce, challenges the trial court's interpretation of the proportionate fault statute, § 13-21-111.5(4), C.R.S. (1987 Repl.Vol. 6A), which provides that, when two or more persons "consciously conspire and deliberately pursue a common plan or design to commit a tortious act," the tortfeasors shall be held jointly liable for the damages resulting...

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