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MOBELL v. CITY AND COUNTY OF DENVER

No. 80CA0725.

671 P.2d 433 (1983)

Philip M. MOBELL, and his wife, Arlene S. Mobell, Plaintiffs-Appellees, v. The CITY AND COUNTY OF DENVER, a municipal corporation, Stephen L. Wilson and Avelino Barelo, Individually and as members of the Police Department of the City and County of Denver, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 7, 1983.

Certiorari Denied September 26, 1983.

Attorney(s) appearing for the Case

Lawrence Litvak, Bennett S. Aisenberg, Denver, for plaintiffs-appellees.

Max P. Zall, City Atty., Lloyd K. Shinsato, Carl R. Mangino, Asst. City Attys., Denver, for defendants-appellants.

KELLY, Judge.

The City and County of Denver appeals adverse verdicts for damages in favor of the plaintiffs in a negligence action arising out of a collision between the plaintiffs' vehicle and a vehicle being driven by Charles Lucero and pursued by a Denver police vehicle which had not activated its flashing lights or siren. Denver contends the trial court erred at the conclusion of the first trial in granting plaintiffs' motion for a new trial. It also contends...

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