LIPIRA v. CITY OF THORNTON

No. 77-787.

585 P.2d 932 (1978)

Stephen V. LIPIRA, Plaintiff-Appellant, v. CITY OF THORNTON, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

October 12, 1978.


Attorney(s) appearing for the Case

Donald E. McMichael, Mitchell Benedict, III, Denver, Law, Nagel & Clark, P. C., Fenton A. Bain, John M. Law, Denver, for plaintiff-appellant.

Wood, Ris & Hames, P. C., William K. Ris, Daniel M. Fowler, Denver, for defendant-appellee.


STERNBERG, Judge.

Stephen Lipira was injured and his wife killed when his automobile left the road at a curve. Contending that the cause of the accident was the negligence of the City of Thornton in constructing and maintaining the road, Lipira sued the City. The trial court granted the City's motion for summary judgment because Lipira had not complied with the City's home-rule charter requirement that notice of claim be given within 60 days after the accident. Lipira...

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