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SCHWANKL v. DAVIS

No. 02SC810.

85 P.3d 512 (2004)

Loretta SCHWANKL, Petitioner v. Robert Olen DAVIS, Respondent.

Supreme Court of Colorado, En Banc.

February 23, 2004.

Attorney(s) appearing for the Case

Holland & Pagliuca, P.C., Jeffrey S. Pagliuca, Heather R. Hanneman, Denver, Colorado, Attorney for Petitioner.

Arrington & Associates, P.C., Barry K. Arrington, Golden, Colorado, Attorney for Respondent.

John Faught & Associates, P.C., John D. Faught, Denver, Colorado, Attorneys for Amicus Curiae Kempe Children's Foundation.

Holland & Hart, LLP, Susannah W. Pollvogt, A. Bruce Jones, Denver, Colorado, Attorneys for Amici Curiae Colorado Coalition Against Domestic violence, Colorado Coalition Against Sexual Assault, and Colorado Organization for Victim Assistance.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In this case, we interpret a "Good Samaritan" statute, section 16-3-203 of the Colorado Revised Statutes, which awards court costs and attorney fees to anyone who has successfully defended against a lawsuit resulting from that person "having sought to prevent a crime being committed against any other person." § 16-3-203, 6 C.R.S. (2003). We hold that this statute not only protects...

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