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SMIT v. ANDERSON

No. 01CA0122.

72 P.3d 369 (2002)

Mark SMIT and Jana Smit, Plaintiffs-Appellees and Cross-Appellants, v. Darwin ANDERSON, d/b/a Eagle View Homes, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. V.

Certiorari Dismissed August 29, 2002.

Attorney(s) appearing for the Case

Kenneth Dresner, Colorado Springs, Colorado; Walter H. Sargent, P.C., Walter H. Sargent, Colorado Springs, Colorado, for Plaintiffs-Appellees and Cross-Appellants.

Jones & Waters, L.L.C., Michael R. Waters, Colorado Springs, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge ROY.

In this tort action, defendant, Darwin Anderson, d/b/a Eagle View Homes (contractor), a general contractor, appeals from a jury verdict in favor of plaintiffs, Mark Smit (Smit) and his wife Jana Smit, awarding damages. Plaintiffs cross-appeal from the trial court's pretrial order dismissing their negligence per se and vicarious liability claims. We affirm.

Douglas Koldenhoven (homeowner) decided to build his own house. He approached a...

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