GALLEGOS v. CITY AND COUNTY OF DENVER

No. 93CA1031.

894 P.2d 14 (1994)

Troy Orlando GALLEGOS, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, a/k/a City and County of Denver Water Department, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing December 8, 1994.

Certiorari Granted May 15, 1995.


Attorney(s) appearing for the Case

Montgomery, Green, Jarvis, Kolodny & Markusson, P.C., Dennis H. Markusson, Joyce L. Jenkins, Denver, for plaintiff-appellant.

Patricia L. Wells, General Counsel, Hulbert E. Reichelt, Denver, for defendant-appellee.


Opinion by Judge RULAND.

In an action to recover damages for negligence, plaintiff, Troy Orlando Gallegos, appeals from the judgment entered notwithstanding the verdict in favor of defendant, City and County of Denver Water Department. We reverse and remand with directions to reinstate the jury verdict.

The record reflects that plaintiff walked across a public alley to visit a friend. A water meter pit was located...

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