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GOODYEAR TIRE & RUBBER CO. v. HOLMES

No. 07SC263.

193 P.3d 821 (2008)

The GOODYEAR TIRE & RUBBER COMPANY, Petitioner v. Gary S. HOLMES, Respondent.

Supreme Court of Colorado, En Banc.

October 6, 2008.

Attorney(s) appearing for the Case

Wells, Anderson & Race, LLC, Mary A. Wells, L. Michael Brooks, Jr., Sarah Smyth O'Brien, Ballard Spahr Andrews & Ingersoll, LLP, Roger P. Thomasch, Denver, Colorado. Garfield & Hecht, David L. Lenyo, Chad J. Schmit, Aspen, Colorado. Attorneys for Petitioner.

Holland & Hart LLP, Stephen G. Masciocchi, David L. Black, Denver, Colorado, Holland & Hart LLP, William W. Maywhort, Colorado Springs, Colorado, Attorneys for Respondent.

Sullan2, Sandgrund, Smith & Perczak PC, Ronald M. Sandgrund, Leslie A. Tuft, Jennifer A. Seidman, Denver, Colorado, Attorneys for Amicus Curiae Homeowners Against Deficient Dwellings (HADD).

Benson & Associates PC, Jesse Howard Witt, Denver, Colorado, Attorney for Amicus Curiae Colorado Trial Lawyers Association.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

Gary Holmes's vacation home was damaged when a rubber hose that was part of an embedded heating system began to leak in 1993. After the hose continued to leak for several years, despite numerous repairs, Holmes replaced the entire heating system in 2001 and 2002. In a suit against the manufacturer of the hose, The Goodyear Tire & Rubber Company ("Goodyear"), Holmes sought and recovered...

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