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VIGIL v. FRANKLIN

No. 01CA2172.

81 P.3d 1084 (2003)

James P. VIGIL, as Conservator for James R. Vigil, Plaintiff-Appellant, v. William FRANKLIN, Gladys Franklin, and Will Franklin, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Certiorari Granted January 12, 2004.

Attorney(s) appearing for the Case

Buchanan, Jurdem & Zulauf, P.C., Ross B.H. Buchanan, Denver, Colorado; Anderson, Hemmat & Levine, L.L.C., Jordan S. Levine, Denver, Colorado, for Plaintiff-Appellant.

Levy, Morse & Wheeler, P.C., Karen H. Wheeler, Brian J. Waters, Englewood, Colorado, for Defendants-Appellees.

Opinion by Judge DAILEY.

In this negligence action, plaintiff, James R. Vigil, appeals the summary judgment entered in favor of defendants, William Franklin, Gladys Franklin, and Will Franklin. We affirm.

Plaintiff, a 28-year-old, mildly retarded person, was obtaining job-training skills from an organization that defendants employed to clean up their property. After finishing work one day, the 5'11" plaintiff jumped up onto defendants' 4' high, aboveground...

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