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GONZALES v. CITY AND COUNTY OF DENVER

No. 98CA1892.

998 P.2d 51 (1999)

Joseph GONZALES, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, a Municipal Corporation, Individually, and Burlington Northern Santa Fe Railroad, a Delaware Corporation, Individually, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Certiorari Granted April 24, 2000.

Attorney(s) appearing for the Case

Law Office of David J. Greene, David J. Greene, Lakewood, Colorado, for Plaintiff-Appellant.

Daniel E. Muse, City Attorney, Carl R. Mangino, Assistant City Attorney, Denver, Colorado, for Defendant-Appellee City and County of Denver.

Hall and Evans, L.L.C., Frederick T. Martinez, Denver, Colorado, for Defendant-Appellee Burlington Northern Santa Fe Railroad.

Opinion by Judge NEY.

Plaintiff, Joseph Gonzales, appeals summary judgments dismissing his negligence claims against defendants, the City and County of Denver (Denver) and Burlington Northern Santa Fe Railroad (Burlington). We reverse and remand.

On May 22, 1998, plaintiff filed a complaint alleging that on June 18, 1995, he sustained injuries when a motorcycle he was operating struck a pothole located on a Denver street adjacent to railroad tracks owned by...

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