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Caldwell v. District Court in and for the City and County of Denver

Supreme Court of Colorado
644 P.2d 26 (Colo. 1982)


George and Hattie Caldwell (plaintiffs) were in a car accident with a car owned by Hertz that was rented to Bruno Weinschel, but was being driven by Werner Baumgart (collectively, defendants). The Caldwells brought a personal injury lawsuit against Hertz, Baumgart, and Weinschel. Hertz hired Ronald Hill (defendant), an attorney, to represent Hertz and Baumgart. Hertz was Baumgart’s insurer. The trial court granted Weinschel summary judgment, but found in favor of the Caldwells against Baumgart. The Caldwells served a writ of garnishment on Hertz. During discovery in the garnishment action, the Caldwells discovered information leading them to believe that the defendants had committed fraud in the personal injury action. Specifically, the Caldwells claimed that the defendants withheld information and misrepresented facts regarding Baumgart’s relationship with Weinschel in order to insulate Weinschel and Hertz from liability. The Caldwells filed a motion to compel production of certain documents. The trial court held that the documents were subject to the attorney-client privilege and denied the motion. The Caldwells appealed.

Rule of Law


Holding and Reasoning (Lohr, J.)

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