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REYES v. McCARLEY

No. 03CA1149.

107 P.3d 1137 (2004)

Rose REYES, Plaintiff-Appellant, v. Keven M. McCARLEY, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

December 30, 2004.

Attorney(s) appearing for the Case

Law Office of Richard K. Blundell, Richard K. Blundell, Greeley, Colorado, for Plaintiff-Appellant.

Wick Bramer Ukasick & Trautwein, LLC, Kent N. Campbell, Kimberly B. Schutt, Fort Collins, Colorado, for Defendant-Appellee.

Opinion by Judge KAPELKE.

In this personal injury action, plaintiff, Rose Reyes, appeals the order dismissing her claims against defendant, Keven M. McCarley, for failure to prosecute. We reverse and remand for further proceedings.

Plaintiff filed her complaint in January 2002, alleging that she was injured in a car accident negligently caused by defendant. Defendant was served with the complaint and thereafter filed his answer. In May 2002, defendant filed...

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