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FURLONG v. GARDNER

No. 96SC772.

956 P.2d 545 (1998)

Bob FURLONG and Richard Marr, Petitioners, v. Susan GARDNER, as personal representative of the Estate of Robert E. Gardner, Jr., and as successor personal representative of the Estate of Robert Edwin Gardner, III, Respondent.

Supreme Court of Colorado, En Banc.

March 23, 1998.

Attorney(s) appearing for the Case

Wood, Ris & Hames, P.C., F. Michael Ludwig, Dennis A. Hanson, Denver, for Petitioners.

Knapp & Sachs, P.C., Benjamin Sachs, Denver, Alexander & Ricci, Joseph M. Ricci, Colorado Springs, for Respondent.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to review a court of appeals' order dismissing for the second time an appeal taken by the petitioners. The respondent brought suit in the El Paso County District Court (the trial court) against the petitioners, two officials at the Limon Correctional Facility (LCF), alleging that the petitioners violated 42 U.S.C. § 1983 (1994) and were liable for negligently causing the wrongful death...

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