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HUMPHREY v. WHOLE FOODS MARKET ROCKY MT.

No. 09CA0234.

250 P.3d 706 (2010)

James HUMPHREY, Plaintiff-Appellant, and Twin City Fire Insurance Company, Intervenor-Appellant v. WHOLE FOODS MARKET ROCKY MOUNTAIN/SOUTHWEST, L.P., a Texas limited partnership, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

April 1, 2010.

Attorney(s) appearing for the Case

Wilcox & Ogden, P.C., Ralph Ogden , Denver, Colorado; David Levy , Boulder, Colorado, for Plaintiff-Appellant.

Law Offices of Todd A. Myers, L.L.C., Todd A. Myers , Lakewood, Colorado, for Intervenor-Appellant.

Kennedy, Childs & Fogg, P.C., Kevin P. Perez , Jennifer C. Madsen , Denver, Colorado, for Defendant-Appellee.

Weinberger Law Offices, P.C., Robert A. Weinberger , Denver, Colorado, for Amicus Curiae Colorado Defense Lawyers Association, Workers' Compensation Division.

Opinion by Judge BOORAS.

In this premises liability negligence action, plaintiffs, James Humphrey and Twin City Fire Insurance Company (Twin City), appeal the district court's summary judgment in favor of defendant, Whole Foods Market Rocky Mountain/Southwest, L.P. (Whole Foods). We affirm.

I. Factual Background

Humphrey was a delivery driver employed by Phil's Fresh Foods (Phil's). He generally delivered...

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