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GILBERT v. CITY OF ARVADA

No. 81CA1200.

694 P.2d 847 (1984)

Christine GILBERT, a minor by her parents and next friends, James GILBERT and Mary Ann Gilbert, and James Gilbert and Mary Ann Gilbert, individually, Plaintiffs-Appellants, v. The CITY OF ARVADA, a municipal corporation, Jefferson County School District R-1, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing August 2, 1984.

Certiorari Granted January 14, 1985.

Attorney(s) appearing for the Case

Richard L. Whitworth, Wheat Ridge, for plaintiffs-appellants.

Greengard, Blackman & Senter, Thomas S. Rice, Denver, for defendant-appellee The City of Arvada.

Wood, Ris & Hames, P.C., F. Michael Ludwig, Jeffrey J. Cowman, Denver, for defendant-appellee Jefferson County School Dist. R-1.

STERNBERG, Judge.

The plaintiffs, Christine Gilbert and her parents James and Mary Ann Gilbert, appeal from summary judgments entered against them in their negligence action against defendants Jefferson County School District R-1 and the City of Arvada. We affirm as to the city, but reverse as to the school district.

The facts are undisputed. At about 11:15 on a February morning in 1978, Christine Gilbert, then five...

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