HomeMy WebLinkAboutR1968-07 Civil Action File No. C-759 Randy Cook, a Mior w rl • •
RESOLUTION OF
THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF EAGLE AND STATE OF COLORADO
• WHEREAS, Civil Action File No. C-759 entitled WILLIAM
G. COOK and SHERRI COOK, Individually, and as parents and Natural
Guardians of RANDY COOK, a Minor, Plaintiffs, vs. PAUL MANUFACTUR-
ING COMPANY, an Oklahoma corporation, ROBERT E. SCHMIDT, d/b/a
SCHMIDT-ALLEN LIVESTOCK EQUIPMENT COMPANY, THE BOARD OF COUNTY
COMMISSIONERS OF EAGLE COUNTY, A. E. MARKS, DANIEL S. KORPINIKAR
and JAKE LUXINGER, Individually, DEAN WALKER, EAGLE COUNTY FARM
BUREAU, a Colorado corporation, EAGLE COUNTY FAIR ASSOCIATION , a
Colorado corporation, EAGLE COUNTY CATTLEMEN 'S ASSOCIATION, and
JOHN BENTON , LEONARD HORN, JIM STEPHENS and DEYOE GREEN , Indivi-
dually, Defendants, has been filed in the United States District
Court for the District of Colorado and Summons and Complaint was
• served March 21, 1968 upon two of the present members of the Board
of County Commissioners of Eagle County, Colorado, to-wit: A. E.
Marks and Daniel F. Koprinikar , erroneously named in said Summons
and Complaint as Daniel S. Korpinikar, and was served March 26,
1968 upon Jake Lucksinger, erroneously likewise named as Jake
Luxinger, who was a member of said Board at the time of the alleged
incident hereinafter mentioned; and
WHEREAS, said alleged incident upon which the action is
predicated as stated in Paragraph X of the "CLAIM FOR RELIEF AGAINST
ALL DEFENDANTS EXCEPT FOR DEFENDANT PAUL MANUFACTURING COMPANY" is
as follows:
• "On or about August 12, 1966, the Plaintiff, Randy
Cook, a seven year old minor, while an invitee at
the Eagle County Fair in Eagle County, State of
Colorado, was struck by a drop-slide gate at the
entrance of a Paul portable livestock sale designed,
manufactured, warranted and delivered by Defendants,
Paul Manufacturing Company and Robert E. Schmidt
d/b/a Schmidt-Allen Livestock Equipment Company." ;
•
and that the direct and proximate cause of said alleged incident
as stated in Paragraph XI of aforementioned Claim for Relief is
as follows:
• "That the direct and proximate cause of the
incident alleged in paragraph X was the failure
of the Defendants, jointly and individually, to
do, or negligent in doing one or more or all of
the following acts :
1. Did not provide the Plaintiff, Randy Cook,
a minor, with a safe place to ambulate.
2. Did not provide any supervision in and
around the area where the Paul portable scale
was placed.
3. Did not provide adequate supervision in
and around the area where the Paul portable
scale was placed.
4. Knew, or under reasonable inspection,
should have known that the Paul portable scale
under the County Fair circumstances was a poten-
tially and inherently dangerous devise to chil-
dren of tender years.
5. Knew or under reasonable inspection should
have known that the Paul portable scale was an
attractive nuisance.
6. Knowing that said scale would be placed in
• a public place, chose a model which was inherently
dangerous."
AND, WHEREAS, after stating alleged injuries and alleged
damages sustained as an alleged direct and proximate result of one
or more or all of the Defendants' alleged negligent acts, Plaintiffs
pray "for judgment against these Defendants in the sum of $1,750,000.00
general damages, plus special damages, interest from the date of
commencement of this action, expert witness fees, costs, and for such
other and further relief as to this Court may seem just and equitable
in the premises. "
AND, WHEREAS , it is the belief of the Board of County
Commissioners of Eagle County, Colorado that such suit is a matter
• of paramount concern to all Boards of County Commissioners in the
State of Colorado and the individual members thereof;
,.„ 410 11,
NOW, THEREFORE, IT IS ORDERED that a copy of this Reso-
lution be forwarded to the Executive Committee of the Colorado
State Association of County Commissioners, and, if it concurs in our
belief, it authorize its general counsel, J. Fred Schneider, to
appear in such capacity as he deems advisable, in defense of such
action.
READ, CONSIDERED, ADOPTED AND APPROVED, at a regular
meeting of the Board of County Commissioners of Eagle County, Colo-
rado, held at the Courthouse in the Town of Eagle, Colorado, on
the 1st day of April, A.D. , 1968.
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE IN THE
STATE OF COLORADO
,
BY: C‹)-o,,,„,,,i2 , V
Chairmat
Member
( AA ,I4YD ( A1+►�/�
ATTEST: Member
LL ,J 2 L
Jerk of the Board