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VIGIL v. FRANKLIN

No. 03SC479.

103 P.3d 322 (2004)

James P. VIGIL, as Conservator for James R. Vigil, Petitioner, v. William FRANKLIN, Gladys Franklin, and Will Franklin, Respondents.

Supreme Court of Colorado, En Banc.

November 30, 2004.

Attorney(s) appearing for the Case

Buchanan, Jurdem & Cederberg, P.C., Ross B.H. Buchanan, Denver, for Petitioner.

Levy, Morse & Wheeler, P.C., Karen H. Wheeler, Brian J. Waters, Englewood, for Respondents.

Holland & Hart, Susannah Pollvogt, Patricia Dean, Denver, Amicus Curiae for Colorado Trial Lawyers Association.

Campbell, Latiolais & Ruebel, P.C., Jeffrey Clay Ruebel, Denver, Amicus Curiae for Colorado Defense Lawyer's Association.

Snell & Wilmer, LLP, Lee Mickus, Denver, Amicus Curiae for Colorado Civil Justice League.

RICE, Justice.

Petitioner James Vigil seeks review of the court of appeals' decision that the trial court's grant of summary judgment was proper because the common law open and obvious danger doctrine survived enactment of Colorado's premises liability statute.1 We reverse.

Upon review, we find that the express, unambiguous language of the statute evidences the General Assembly's intent to establish a comprehensive and exclusive...

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