Estate of Newton ex rel. Newton v. McNew

TURSI, Judge.

Defendant, Charles Dean (Poncho) McNew, appeals from a judgment entered on a jury verdict finding him liable for the wrongful death of Herbert L. Newton, Jr., after Newton died from a heart attack as a result of fighting a fire allegedly started by McNew. Plaintiffs cross-appeal the granting of defendant’s motion for summary judgment dismissing their claim for outrageous conduct. We affirm.

The testimony shows that on February 13, 1981, McNew and his employees were participating in the construction of a home in Bayfield, Colorado. On the back of the lot where the house was being…