Czarnick v. District Court In and For Adams County
| Decision Date | 13 September 1971 |
| Docket Number | No. 25228,25228 |
| Parties | Bennie M. CZARNICK and Louise Czarnick, Petitioners, v. DISTRICT COURT IN AND FOR the COUNTY OF ADAMS and State of Colorado and the Honorable Oyer G. Leary, one of the Judges thereof, Respondents. |
| Court | Colorado Supreme Court |
Berman, Lilly, Friedrichs & Young, J. Bayard Young, Denver, for petitioners.
Edward B. Towey, Lee Belstock, Westminster, for respondents.
This is an original proceeding which was brought to require the District Court of Adams County to accept jurisdiction of a personal injury action. The petitioners initiated this action under the Colorado Long Arm Statute by the service of a third-party summons and the filing of a third-party complaint against Concrete Machinery Company, Inc., a North Carolina corporation. The complaint alleged that the company negligently and carelessly designed and gave instructions for the manufacture and assembly of an ornamental concrete bird bath consisting of a pedestal, a large dish, a cupid, and a small dish. One such bird bath was manufactured and assembled in Colorado and later sold to the petitioners. It was averred that the collapse of this bith bath was the proximate cause of injuries sustained in Colorado by the plaintiff, Thomas Joseph Nadeau.
A motion to quash service of process was granted, and pursuant to the petition brought by the Czarnicks, under C.A.R. 21, the respondents were directed to show cause why the order quashing the service on Concrete Machinery Company, Inc., which was made in the State of North Carolina, should not be vacated. Briefs in support of the respondents' order quashing this service and in support of the petition have now been filed.
The sole issue involved is whether 1965 Perm.Supp., C.R.S.1963, 37--1--26(1) (a)(c), subjects Concrete Machinery Company, Inc. to the jurisdiction of the courts of this state. The statute provides as follows:
'Jurisdiction of courts.--(1)(a) Engaging in any act enumerated in this section by any person, whether or not a resident of the state of Colorado, either in person or by an agent, submits such person, and, if a natural person his personal representative, to the jurisdiction of the courts of this state, concerning any cause of action arising from:
'(c) The commission of a tortious act within this state; * * *'
We believe our decision in Vandermee v. District Court, 164 Colo. 117, 433 P.2d 335 (1967), dictates an affirmative answer....
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