(Download) "Lyons V. Nasby" by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Lyons V. Nasby
- Author : Colorado Supreme Court
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Plaintiff-Petitioner Doris Lyons appeals from the decision in Lyons v. Nasby, 748 P.2d 1341 (Colo. App. 1987), dismissing her claim which sought recovery under section 13-21-202, 6 C.R.S. 1973 (Wrongful Death Act), for the death of her son Timothy Lyons. Because her claim is brought under the wrongful death statute, the petitioner can maintain an action only if her son could have done so, had his injuries not proven fatal. Mangus v. Miller, 35 Colo. App. 335, 535 P.2d 219 (1975). The complaint alleges that on or about August 13, 1983, agents or employees of the respondent, Donald Nasby, d/b/a the Cripple Creek Inn, negligently served fermented and alcoholic beverages to Timothy even though he was visibly intoxicated at the time. It is further alleged that due to the respondent's negligence, Timothy, while intoxicated, drove his automobile off a mountain road and suffered fatal injuries.