STANLEY v. CREIGHTON CO.

No. 94CA1620.

911 P.2d 705 (1996)

Charlene R. STANLEY and Larry R. Stanley, Plaintiffs-Appellants, v. CREIGHTON COMPANY d/b/a Cottonwood Terrace Apartments, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

January 25, 1996.


Attorney(s) appearing for the Case

Jeffrey J. Colerick, Colorado Springs, for Plaintiffs-Appellants.

Harris, Karstaedt, Jamison & Powers, A. Peter Gregory, Denver, for Defendant-Appellee.


Opinion by Judge DAVIDSON.

In this premises liability action, plaintiffs, Charlene R. and Larry R. Stanley (tenants), appeal from the summary judgment entered in favor of defendant, Creighton Company d/b/a Cottonwood Terrace Apartments (landlord). The issue presented is the validity of an exculpatory clause included in the parties' residential rental agreement. We hold that the clause is invalid. Therefore, we reverse and remand.

Tenants alleged in their complaint...

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