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CANAPE v. PETERSON

No. 93CA0016.

878 P.2d 83 (1994)

Martin CANAPE, Plaintiff-Appellant, and Colorado Compensation Insurance Authority, Plaintiff-Intervenor and Intervenor-Appellant, v. David PETERSON, d/b/a Western Hills Construction, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied March 31, 1994.

Certiorari Granted August 8, 1994.

Attorney(s) appearing for the Case

LeHouillier & Associates, Patric J. LeHouillier, Joseph R. Winston, Colorado Springs, for plaintiff-appellant.

Hale Pratt Midgley Hackstaff & Goldberg, P.C., Charles M. Pratt, Denver, for plaintiff-intervenor and intervenor-appellant.

Carla McCord Albers & Associates, Carla McCord Albers, Colorado Springs, for defendant-appellee.

Opinion by Judge MARQUEZ.

Plaintiffs, Martin Canape and Colorado Compensation Insurance Authority, appeal a judgment entered on a jury verdict in favor of defendant, David A. Peterson d/b/a Western Hills Construction, on plaintiffs' claims of negligence. We affirm.

On April 10, 1991, plaintiff Canape was delivering shingles to a garage being built by defendant, a general contractor, at a time when neither defendant, nor any of his employees, was present. In...

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