TAYLOR BY AND THROUGH TAYLOR v. CLARK

Nos. 93CA0173, 93CA0574.

883 P.2d 569 (1994)

Adeanis TAYLOR, By and Through Debra TAYLOR; and Doris Hsu, Plaintiffs-Appellants and Cross-Appellees, v. Jeffrey Ray CLARK, Defendant-Appellee and Cross-Appellant, and Consolidated Theaters, Inc., d/b/a Southglenn Cinema 7, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 7, 1994.

Certiorari Denied November 15, 1994.


Attorney(s) appearing for the Case

Moya & Recht, P.C., Frank E. Moya, Denver, for plaintiff-appellant and cross-appellee Adeanis Taylor.

Fogel, Keating & Wagner, P.C., Steven R. Polidori, Denver, for plaintiff-appellant and cross-appellee Doris Hsu.

Anderson, Campbell & Laugesen, P.C., Franklin D. Patterson, Denver, for defendant-appellee and cross-appellant.

John R. Rodman & Associates, John R. Rodman, Raymond J. Lego, Denver, for defendant-appellee.


Opinion by Judge ROTHENBERG.

The issue in this case is whether § 13-17-202, C.R.S. (1993 Cum.Supp.) applies when, during pending litigation, defendants make an offer of settlement to two plaintiffs that does not specifically apportion the settlement amount between the plaintiffs. We hold that the statute does not apply to this type of unapportioned offer. We therefore reverse the order of the trial court awarding costs and remand for further proceedings.

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