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NEIBERGER v. FED EX GROUND PACKAGE SYSTEM, INC.

No. 07-1504.

566 F.3d 1184 (2009)

Penni L. NEIBERGER; John E. Neiberger, Plaintiffs-Appellants, v. FED EX GROUND PACKAGE SYSTEM, INC.; Kevin T. Killman; Dennis Conley, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 27, 2009.

Attorney(s) appearing for the Case

Michael W. Baty, The Baty Law Firm, P.C., Durango CO, and Randolph H. Phillips, Alpharetta, GA, for Plaintiffs-Appellants.

Michael Brice Sullivan (A. Peter Gregory, with him on the brief), of Harris, Karstaedt, Jamison & Powers, P.C., Englewood, CO, for Defendants-Appellees.

Before HARTZ, SEYMOUR, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

Penni L. Neiberger was a passenger in a pickup truck driven by her husband, John E. Neiberger, when she was injured in a motor-vehicle collision in Colorado on February 19, 2003. The other vehicle was a delivery van driven by defendant Kevin Killman and owned by defendant Dennis Conley. The van was carrying cargo for defendant Fedex Ground Package System, Inc. Mrs. Neiberger appeals an adverse judgment...

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