Wheeler Ex Rel. Wheeler v. County of Eagle Ex Rel. County Commissioners

ERICKSON, Chief Justice.

We granted certiorari to review the Court of Appeals’ decision in Wheeler v. Baker, 636 P.2d 1326 (Colo.App.1981), which affirmed the district court’s entry of summary judgment in favor of the defendant, Eagle County. We reverse and return this case to the Court of Appeals with directions to remand to the district court for trial.

The plaintiffs, Kellie Marie Wheeler and her parents, John and Joan Wheeler, sued Thomas D. Baker and the County of Eagle (County) to recover for injuries sustained by Kellie when she was struck by Baker’s vehicle while walking on Eagle County…