Lafitte v. State Highway Department of Colorado

Opinion by

Judge JONES.

In this action to recover damages for wrongful death and loss of consortium, plaintiff, Louise Lafitte, surviving spouse of Patrick Carter, decedent, appeals from the summary judgment in favor of defendant, the State Highway Department. We affirm in part, reverse in part, and remand for further proceedings.

Decedent was killed in a motorcycle accident on a state highway on August 30, 1989. Although the record does not contain a copy of the complaint, plaintiff’s notice of claim dated February 20, 1990, alleged that the motorcycle overturned as the result of a dangerous…