Public Service Co. of Colorado v. Barnhill

KIRSHBAUM, Justice.

Public Service Company of Colorado (Public Service Co.), defendant at trial, seeks certiorari review of a decision of the Colorado Court of Appeals upholding the trial court’s judgment that plaintiff, Charlene Barnhill, was not barred by section 13-21-204, 6 C.R.S. (1973), from filing a wrongful .death action against Public Service Co. some four years after the date of the incident causing such death. We affirm.

The pertinent facts are undisputed. On May 8, 1973, Everett Barnhill, decedent, and his brother, Ronald, attempted to trim a tree located on property owned by the…