City of Colorado Springs v. Ellsworth

We granted certiorari to review a decision of the Court of Appeals which affirmed a trial court judgment for Ellsworth in Ellsworth v. City of Colorado Springs, 33 Colo. App. 407, 522 P.2d 123 (1974).

This is a wrongful death action brought by the decedent’s widow Ellsworth against the city of Colorado Springs (“the city”). In July 1969, Lawrence Ellsworth died as a result of a natural gas explosion. He had been working within the scope of his employment for the Tiago Construction Company, an independent contractor, hired to install a storm sewer drain for the city under contract. Tiago…