Lyons v. Nasby

ERICKSON, Justice.

I

Plaintiff-Petitioner Doris Lyons appeals from the decision in Lyons v. Nasby, 748 P.2d 1341 (Colo.App.1987), dismissing her claim which sought recovery under section 13-21-202, 6 C.R.S.1973 (Wrongful Death Act),1 for the death of her son Timothy Lyons. Because her claim is brought under the wrongful death statute, the petitioner can maintain an action only if her son could have done so, had his injuries not proven fatal. Mangus v. Miller, 35 Colo. App. 335, 535 P.2d 219 (1975). The com*1252plaint alleges that on or about August 13, 1983, agents or employees of the respondent,…