Narrowing the Issues

• Publication year: 2000
• Pages: 31
• Citation: Vol. 29 No. 6 Pg. 31

29 Colo.Law. 31 Colorado Lawyer 2000.

2000, June, Pg. 31. Narrowing the Issues

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31

Vol. 29, No. 6, Pg. 31

The Colorado Lawyer
June 2000
Vol. 29, No. 6 [Page 31]

Departments
Appellate Practice
Narrowing the Issues
by Andrew M. Low

My daughter had been waiting for years to be tall enough to ride the roller coasters at Elitch Gardens. Long ago, I had promised to take her when she was old enough, and this was the summer I was going to have to keep my promise Fortunately, Susan Victor's daughter was her best friend and Susan had promised to bring her daughter to make it a foursome

My daughter made a beeline for a particularly menacing ride called the "Mind Eraser," in which the seats hung in pairs from an overhead steel track. The rails looped and coiled through a series of impossible-looking maneuvers. As I watched, the ride attendants finished their final checks to see that each passenger was firmly secured by a padded steel frame that hinged behind the rider's shoulders, descended to fit snugly against the chest, and then locked in place.

"Look!" Victor said, pointing to one of the passengers. "It's Tim Flegleman."

We had just joined the end of the lengthy line, and we could see Flegleman in one of the front seats. The ride attendants stepped back, and the roller coaster began to move. As it ground up the first incline, Flegleman licked his lips. I thought he looked pale. The roller coaster reached the top and immediately accelerated down the first descent and into a sharp turn. The dangling seats were thrown hard to one side, and I could see why the attendants had checked so carefully to see that each rider was locked in.

"Do you know that man, daddy?" my daughter asked. "He looks scared."

As the roller coaster turned toward us again, I caught a glimpse of Flegleman's face, and I silently disagreed. He was not scared; he was utterly and totally terrified. His mouth, which was open to its furthest extent, emitted a rising and falling wail somewhat akin to a fire siren.

My daughter said to her friend, "I cannot believe it. That is so not cool." She tugged on my wrist and instructed me firmly, "Daddy, don't embarrass me by acting like that man, okay?" I assured her I would not, but inside I was not so sure.

The roller coaster came to a stop, mercifully for Flegleman and he emerged on wobbly legs. He spotted us as he walked down the exit ramp. Squaring his shoulders, he waved bravely. "That was awesome. You guys are in for quite an...