Ekberg v. Greene

Petitioners Ekberg and Talamantes (plaintiffs) instituted this negligence action to recover damages for injuries sustained in a flash fire which occurred in the restroom of respondent (defendant) Greene’s service station. The jury rendered a verdict for plaintiffs and the trial court entered judgment. The court of appeals reversed, holding that, as a matter of law, defendant’s negligence was not the proximate cause of the plaintiffs’ injuries. Ekberg v. Greene, 39 Colo. App. 455, 571 P.2d 727 (1977).

We granted certiorari and now reverse. We hold that proximate cause is an issue of fact under…