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SMITH v. TOWN OF ESTES PARK

No. 95CA1993.

944 P.2d 571 (1996)

Richard A. SMITH and Mary Lou Smith, Plaintiffs-Appellees, v. TOWN OF ESTES PARK, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 30, 1997.

Certiorari Denied October 20, 1997.

Attorney(s) appearing for the Case

Cooper & Clough, P.C., Paul D. Cooper, Karen L. Allison, Denver, for Plaintiffs-Appellees.

Halaby, Cross, Liechty & Schluter, Robert M. Liechty, Leslie L. Schluter, Denver, for Defendant-Appellant.

Opinion by Justice QUINN.*

In this negligence action, defendant, the Town of Estes Park (Town), brings an interlocutory appeal pursuant to § 24-10-108, C.R.S. (1996 Cum.Supp.) from the trial court's order denying a motion to dismiss the complaint of plaintiffs, Richard A. and Mary Lou Smith, on the basis that it was barred by governmental immunity. We affirm.

I.

In November 1994, plaintiff, Richard A. Smith, was...

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