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BAILEY v. C.P. CONST., INC.

No. 91CA0462.

837 P.2d 277 (1992)

Lynn BAILEY, Individually and as Personal Representative of the Estate of Donald Bailey, and Megan D. Bailey, Minor, by Parent Lynn Bailey, Plaintiffs-Appellants, v. C.P. CONSTRUCTION, INC. and Charles Phillips, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 21, 1992.

Certiorari Denied October 13, 1992.

Attorney(s) appearing for the Case

Stafford & Stafford, P.C., John T. Stafford, Jr., Lakewood, for plaintiffs-appellants.

Burrus, Pratt, McNerny & Colantuno, P.C., John E. Burrus, Englewood, for defendants-appellees.

Opinion by Judge CRISWELL.

Plaintiffs, Lynn and Megan Delou Bailey, appeal from the summary judgment dismissing their claims against defendants, C.P. Construction, Inc. (CPCI) and Charles Phillips, its president and sole shareholder, for the accidental death of Donald Bailey. We affirm.

Donald Bailey was killed while cleaning a tar tank at a warehouse occupied by CPCI and another company, Foothills Material and Supply, Inc. (Foothills). Bailey was employed...

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