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DELK v. CITY OF GRAND JUNCTION

No. 97CA1015.

958 P.2d 532 (1998)

Tamara DELK and Sean Harlow, Plaintiffs-Appellees, v. CITY OF GRAND JUNCTION, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

May 14, 1998.

Attorney(s) appearing for the Case

Stacy R. Carpenter, Grand Junction, for Plaintiffs-Appellees.

Young & Hockensmith, P.C., Earl G. Rhodes, Lauretta A. Martin Sullivan, Grand Junction; Daniel E. Wilson, City Attorney, Grand Junction, for Defendant-Appellant.

Opinion by Judge ROTHENBERG.

Defendant, City of Grand Junction (City), appeals pursuant to § 24-10-108, C.R.S.1997, from the trial court's denial of its motion to dismiss the complaint filed by plaintiffs, Tamara Delk and Sean Harlow. We reverse and remand with directions to enter judgment for the City.

According to the complaint, Sean Harlow was injured when he attempted to prevent a rolling trash dumpster from striking and damaging Tamara Delk's car...

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