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ROTER BY MARGOLIN v. TERROR MIN. CO.

No. 91CA1109.

847 P.2d 188 (1992)

Alyssa ROTER and Amber Roter, Protected Persons by their Conservator, Stacy MARGOLIN, Plaintiffs-Appellants, v. TERROR MINING COMPANY, INC. and David L. Roter, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 24, 1992.

Certiorari Granted March 8, 1993.

Attorney(s) appearing for the Case

Feder, Morris, Tamblyn & Goldstein, P.C., Leonard M. Goldstein, Denver, for plaintiffs-appellants.

Cooper & Kelley, P.C., Kay J. Rice, Ann M. Thompson, Denver, for defendants-appellees.

Opinion by Judge SMITH.

Plaintiffs, Alyssa and Amber Roter, by their conservator, Stacy Margolin, appeal from a summary judgment dismissing their claims against defendants, David Roter and Terror Mining Corporation (corporation), for negligence and careless and reckless driving. We reverse.

The following facts, based on the pleadings, Roter's deposition, and various documentary evidence filed in connection with the motion for summary judgment are not in dispute...

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