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MOUNTAIN STATES MUT. CAS. CO. v. ROINESTAD

Supreme Court Case No. 10SC853

296 P.3d 1020 (2013)

2013 CO 14

MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Petitioner v. Christopher ROINESTAD and Gerald Fitz-Gerald, and Tim Kirkpatrick, d/b/a Hog's Breath Saloon & Restaurant Respondents.

Supreme Court of Colorado.

Rehearing Denied March 18, 2013.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Wilson Elser Moskowitz Edelman & Dicker LLP, Joseph F. Bermudez , Jessica C. Collier , Denver, Colorado.

Attorneys for Respondents Christopher Roinestad and Gerald Fitz-Gerald: Killian & Davis, P.C., J. Keith Killian , Damon Davis , Grand Junction, Colorado.

No appearance by or on behalf of Tim Kirkpatrick.

Attorneys for Amicus Curiae The Colorado Trial Lawyers Association: Roberts Levin Rosenberg, P.C., Bradley A. Levin , Denver, Colorado.

Leventhal, Brown & Puga, P.C., David P. Mason , Denver, Colorado.

Attorneys for Amicus Curiae Complex Insurance Claims Litigation Association: Springer & Steinberg, P.C., JoAnne M. Zboyan , Denver, Colorado.

Attorneys for Amicus Curiae United Policyholders: Reed Smith LLP, James M. Davis , Chicago, IL.

En Banc

JUSTICE EID delivered the Opinion of the Court.

¶ 1 Respondents Christopher Roinestad and Gerald Fitz-Gerald were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog's Breath Saloon & Restaurant ("Hog's Breath"). The district court concluded that Hog's Breath caused respondents' injuries by dumping substantial amounts of cooking grease into the sewer, thereby creating a five- to eight-foot grease clog and...

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