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POLY TRUCKING v. CONCENTRA HEALTH SERVICES

No. 02CA2429.

93 P.3d 561 (2004)

POLY TRUCKING, INC., Defendant-Appellant, v. CONCENTRA HEALTH SERVICES, INC., Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 18, 2004.

Certiorari Denied July 19, 2004.

Attorney(s) appearing for the Case

Faegre & Benson, LLP, Robert L. Matthews, Boulder, Colorado; Bartlit, Beck, Herman, Palenchar & Scott, Joseph C. Smith, Jr., Alison G. Wheeler, Denver, Colorado, for Defendant-Appellant.

Gibson, Dunn & Crutcher, LLP, Gregory J. Kerwin, Amanda J. Tessar, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge LOEB.

Poly Trucking, Inc. appeals from the trial court's order reforming a settlement agreement entered into by Poly and Concentra Health Services, Inc. We reverse.

This case arose out of a motor vehicle accident that occurred when a commercial truck driver, hired by Poly, had a seizure and lost consciousness. The truck entered oncoming traffic and struck a vehicle, which in turn flipped over the median and struck another vehicle. The driver...

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