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BLOOD v. QWEST SERVICES CORP.

No. 08CA0134.

224 P.3d 301 (2009)

Andrew BLOOD and Carrie Blood, Plaintiffs-Appellees, v. QWEST SERVICES CORPORATION and Qwest Corporation, Defendants-Appellants, and Public Service Company of Colorado, d/b/a Xcel Energy, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearings May 28, 2009.

Attorney(s) appearing for the Case

Fogel, Keating, Wagner, Polidori & Shafner, P.C., William L. Keating, Kristin D. Sanko, Michael O'Brien Keating, Denver, Colorado, for Plaintiffs-Appellees.

Gibson, Dunn, & Crutcher, L.L.P., Gregory J. Kerwin, Robert C. Marshall, Denver, Colorado; Treece, Alfrey, Musat & Bosworth, P.C., Thomas N. Alfrey, Robert J. Zavaglia, Jr., Denver, Colorado, for Defendants-Appellants.

White and Steele, P.C., John Lebsack, David J. Nowak, Denver, Colorado, for Third-Party Defendant-Appellee.

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Friedrick C. Haines, First Assistant Attorney General, Kathleen L. Spalding, Assistant Attorney General, Denver, Colorado, for Amicus Curiae, the State of Colorado.

Opinion by Judge WEBB.

In this personal injury action that raises questions of first impression concerning recovery of exemplary damages, defendants, Qwest Services Corporation and Qwest Corporation (collectively, Qwest), appeal the trial court's judgment entered on a jury verdict in favor of plaintiffs, Andrew Blood (Blood) and Carrie Blood, and third-party defendant Public Service Company of Colorado, doing business as Xcel Energy (Xcel), and its denial of Qwest...

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