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SCOTT v. MATLACK, INC.

No. 99SC415.

39 P.3d 1160 (2002)

Randy A. SCOTT and Ann C. Scott, Petitioners, v. MATLACK, INC.; and Conoco, Inc., Respondents.

Supreme Court of Colorado, En Banc.

As Modified February 4, 2002.

Attorney(s) appearing for the Case

Downey & Knickrehm, P.C., Thomas E. Downey, Jr., Kate E. Knickrehm, Denver, CO, Attorneys for Petitioner.

Long & Jaudon, P.C., Joseph C. Jaudon, David H. Yun, Denver, CO, Attorneys for Respondent Matlack, Inc.

Wheeler Trigg & Kennedy, P.C., Hugh Q. Gottschalk, Gwen J. Young, Denver, CO, Attorneys for Respondent Conoco, Inc.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this case, we review and reverse the court of appeals' decision in Scott v. Matlack, 1 P.3d 185 (Colo.App.1999). We hold that (1) Canape v. Petersen, 897 P.2d 762 (Colo.1995) does not preclude the admission of Occupational Safety and Health Act evidence in a negligence suit; (2) it is proper for a trial court...

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