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SCOTT v. MATLACK, INC.

No. 97CA1496.

1 P.3d 185 (1999)

Randy A. SCOTT and Ann C. Scott, Plaintiffs-Appellees, Continental Insurance Company, Plaintiff-Intervenor, v. MATLACK, INC., a Pennsylvania corporation and Conoco, Inc., a Delaware corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing June 3, 1999.

Certiorari Granted May 30, 2000.

Attorney(s) appearing for the Case

Downey & Knickrehm, P.C., Thomas E. Downey, Jr., Kate E. Knickrehm, Henry J. Rickelman, Denver, Colorado, for Plaintiffs-Appellees.

Nathan, Bremer, Dumm & Meyers, P.C., Ellis J. Mayer, Denver, Colorado, for Plaintiff-Intervenor.

Long & Jaudon, P.C., David H. Yun, Ellen Rubright Ivy, Denver, Colorado; Otten Johnson, Robinson, Neff & Ragonetti, P.C., Hugh Q. Gottschalk, Patricia A. Thatcher; Legal Department of Conoco, Inc., J. Doss Carothers, Houston, Texas, for Defendants-Appellants.

Opinion by Judge NEY.

Defendants, Matlack, Inc., and Conoco, Inc., appeal the judgment entered on a jury verdict in favor of the plaintiffs, Randy A. Scott (driver) and Ann C. Scott (wife). We reverse the judgment and remand for further proceedings.

Plaintiffs operated a trucking company, A & R Trucking, which had no employees. Matlack, a trucking company that hauls bulk commodities, entered into an agreement with...

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