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MARTINEZ v. VILLA CONST. CORP.

No. 75-634.

563 P.2d 954 (1976)

Joseph Alvino MARTINEZ, Jr., through his next friend, William R. Sprague, Plaintiff-Appellee, v. VILLA CONSTRUCTION CORPORATION, Defendant, v. HAWKEYE-SECURITY INSURANCE COMPANY, Garnishee-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 16, 1976.

Certiorari Granted May 16, 1977.

Attorney(s) appearing for the Case

Harry L. Hellerstein, Aurora, for plaintiff-appellee.

DeMoulin, Anderson, Campbell & Laugesen, Laird Campbell, Denver, for garnishee-appellant.

SMITH, Judge.

Plaintiff, Joseph Alvin Martinez, Jr., a two-year-old child at the time of the events giving rise to this proceeding, sued defendant Villa Construction Corporation, to recover for personal injuries suffered in a fire at his home. Default judgment was entered against Villa and plaintiff obtained a writ of garnishment directed to Hawkeye-Security Insurance Company, which had insured Villa against certain injuries resulting from the construction of private...

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