Cain v. Leake

KELLY, Judge.

In this wrongful death action, plaintiffs appeal the summary judgment in favor of Commerce City and certain of its police officers. The trial court held that the police officers owed no duty to plaintiffs, that the police officers’ actions were discretionary, and that the plaintiffs could not maintain an action for negligence. We reverse.

This action arose as the result of an automobile accident in September 1978, in which the minor defendant, Ralph Crowe, struck several pedestrians while driving home from a party. Jeffrey Mark Cain and Jay Chase, who were among the group of…