No. 99-1550.

259 F.3d 1202 (2001)

Richard Albert Doering; Kimberly Doering, and Stephanie Doering, infants by their guardian ad litem, Thomas J. Barrett; Richard Doering, individually, through Thomas J. Barrett, personal representative, and Kathleen Doering, individually, Plaintiffs-Appellants, v. Copper Mountain, Inc., a Delaware corporation, Defendant-Appellee, and Smedley Industries, Inc., a Delaware corporation, formerly known as Buddy L. Industries, Inc., formerly known as Slm, Inc., Defendant.

United States Court of Appeals, Tenth Circuit.

July 31, 2001.

Attorney(s) appearing for the Case

Joseph P. La Sala, Of Counsel, (Thomas P. Scrivo, Of Counsel, Louis A. Modugno, with him on the briefs), McElroy, Deutsch & Mulvaney, Denver, Colorado, for Plaintiffs-Appellants.

Peter W. Rietz, Jere K. Smith, (John Lebsack, White and Steele, P.C., Denver, Colorado, with them on the brief), Rietz and Smith, L.L.C., Dillon, Colorado, for Defendant-Appellee.

Before and Circuit Judges.

MURPHY, Circuit Judge.


Richie and Kimberly Doering were severely injured in a sledding collision with snow-grooming equipment at Copper Mountain Resort. Through their guardian ad litem, Richie and Kimberly filed suit against Copper Mountain, Inc. ("Copper Mountain") for negligence. Kathleen Doering, Richie and Kimberly's mother, brought a claim against Copper Mountain for emotional distress. Through her guardian ad...

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