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BURCHETT v. SOUTH DENVER WINDUSTRIAL CO.

No. 01SA338.

42 P.3d 19 (2002)

Chelsey Rae BURCHETT, a minor, through her guardian ad litem, Steven E. Ezell, Esq.; and Justin David Burchett, a minor, through his guardian ad litem, Lindsay F. Fischer, Plaintiffs, v. SOUTH DENVER WINDUSTRIAL CO., a Delaware corporation; Estate of James C. Cloutier; and Sandra Y. Okamoto, as personal representative of the Estate of James C. Cloutier, Defendants.

Supreme Court of Colorado, En Banc.

March 4, 2002.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado Springs, Colorado, Attorney for Plaintiffs.

McClain, Drexler & Matthews, L.L.C., Regina T. Drexler, Michael J. Decker, Denver, Colorado, Attorneys for Defendant South Denver Windustrial Co.

Honorable Christopher J. Munch, Judge Golden, Colorado District Judge for the First Judicial District.

No appearance by or on behalf of the Estate of James C. Cloutier; and Sandra Y. Okamoto, as personal representative of the Estate of James C. Cloutier.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this original proceeding, we review the trial court's denial of a motion to postpone the deadline for disclosure of expert testimony and to continue the trial date. This tort case involves an airplane accident in which the pilot and passenger were killed. The surviving children of the passenger sued the estate of the pilot for wrongful death.

The trial was set eight months from...

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