Legal Opinion

Ellerman v. Kite

Supreme Court of Colorado

Decided March 16, 1981No. 79SC273PublishedCited by 10 opinions

1Opinion of the Court

LOHR, Justice.

We issued a writ of certiorari to review the court of appeals’ decision in Ellerman v. Kite, Colo.App. (1979), affirming summary judgment in favor of defendant Anco Construction Company, Ltd. (Anco) in a personal injury action. Because our review of the record persuades us that a genuine issue of material fact exists, we reverse.

About 1:45 p.m. on February 2, 1974, 7-year-old Carl H. Lytle, Jr. was crossing a state highway in Commerce City when he was struck by a pickup truck driven by defendant Terrence Wayne Kite. The vehicle was owned by defendant Banks Yerby 1 or by his…

2Cases cited10 opinions

  1. Jones v. DresselSupreme Court of Colorado · 1981
  2. Ginter v. Palmer & Co.Supreme Court of Colorado · 1978
  3. Schwartz v. Compagnie General TransatlantiqueCourt of Appeals for the Second Circuit · 1968
  4. Hatfield v. BarnesSupreme Court of Colorado · 1946
  5. S & S Logging Co. v. BarkerCourt of Appeals for the Ninth Circuit · 1966

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3Cited by10 opinions

  1. Olson v. State Farm Mutual Automobile Insurance Co.Colorado Court of Appeals · 2007
  2. Lytle v. KiteSupreme Court of Colorado · 1986
  3. Tapley v. Golden Big O TiresSupreme Court of Colorado · 1983
  4. Cedar Lane Investments v. St. Paul Fire & Marine Insurance Co.Colorado Court of Appeals · 1994
  5. Pham v. OSP Consultants, Inc.Colorado Court of Appeals · 1999

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