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THYSSENKRUPP SAFWAY v. HYLAND HILLS PARKS

No. 10CA2349.

271 P.3d 587 (2011)

THYSSENKRUPP SAFWAY, INC., f/k/a Safway Services, Inc., a Delaware corporation, Plaintiff-Appellant, v. HYLAND HILLS PARKS AND RECREATION DISTRICT, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

December 8, 2011.

Attorney(s) appearing for the Case

Bloom Murr & Accomazzo, P.C., Martin A. Bloom , Briana K. Wiedersphan , Denver, Colorado, for Plaintiff-Appellant.

Richard L. Fuller , Denver, Colorado, for Defendant-Appellee.

Opinion by Judge CASEBOLT.

In this action for breach of contract based on an indemnity provision, plaintiff, Thyssenkrupp Safway, Inc. (Safway), appeals the judgment in favor of defendant, Hyland Hills Parks and Recreation District (Hyland Hills). The trial court granted a directed verdict in favor of Hyland Hills at the end of trial, finding, among other things, that Safway failed to prove it had complied with section 24-91-103.6(4), C.R.S. 2011—a statute...

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