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HENRY-HOBBS v. CITY OF LONGMONT

No. 99CA2231.

26 P.3d 533 (2001)

Judith HENRY-HOBBS, Plaintiff-Appellee, v. The CITY OF LONGMONT, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Certiorari Granted July 2, 2001.

Attorney(s) appearing for the Case

Law Office of Karen Colburn, Robert T. Page, Karen Colburn, Denver, CO, for Plaintiff-Appellee.

Hall Evans, L.L.C., David R. Brougham, Denver, CO, for Defendant-Appellant.

Opinion by Judge ROY.

In this wrongful death action, defendant, the City of Longmont (the City), appeals the trial court's order denying its motion to dismiss the complaint brought by plaintiff, Judith Henry Hobbs. We affirm.

This action arose from the drowning of plaintiff's ten-year-old son in an irrigation ditch owned by a mutual ditch company, part of which is located within the city limits. The son was tubing in the ditch when he fell off the tube and...

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