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FOGG v. MACALUSO

No. 93SC606.

892 P.2d 271 (1995)

John K. FOGG, II, Petitioner, v. Mario R. MACALUSO and the County of Pueblo, Respondents.

Supreme Court of Colorado, En Banc.

March 6, 1995.

Attorney(s) appearing for the Case

Peter J. Obernesser and Patrick J. Canty, Colorado Springs, for petitioner.

Vaughan & Reeves, P.C., Gordon L. Vaughan, Colorado Springs, for respondents.

Beth A. Whittier, Colorado Springs, for amicus curiae Colorado Counties, Inc.

Griffiths & Tanoue, P.C., Tami A. Tanoue, Denver, for amici curiae Colorado Intergovernmental Risk Sharing Agency and Colorado Counties Cas. and Property Pool.

Justice MULLARKEY delivered the Opinion of the Court.

The petitioner, John Fogg (Fogg), brought an action in negligence against the respondents, sheriff's deputy Mario Macaluso (Macaluso) and the County of Pueblo (the County), for the injuries he sustained when his vehicle struck Macaluso's parked patrol car in the passing lane of Interstate 25. The trial court entered summary judgment in favor of Macaluso and the County on grounds of sovereign immunity under the...

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