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Mom files lawsuit after teen dies using Spice

Mom files lawsuit after teen dies using Spice

COLORADO SPRINGS, Colo. - A Colorado Springs mother whose teenaged son died after using a form of synthetic marijuana, filed a lawsuit against the convenience store that sold it to him.

19-year-old Nicholas Colbert died in 2011 after using Spice that he bought from Kwik Stop in the 1100 block of South Chelton Road.

The lawsuit, filed on behalf of Stephane Colbert by the Denver law firm Hillyard, Wahlberg, Kudla, Sloane and Woodruff, alleges that Kwik Stop, Alex Lee and Sung Soo Lee sold Spice to Colbert in a bottle labeled "Mr. Smiley."  The label did not list the manufacturers or distributors of the Spice, according to the suit.

Banned substances were found in Colbert's autopsy report, according to the lawsuit.

Kwik Stop is to blame, according to Colbert's lawyers, because the manufacturers and distributors of Spice are unknown and jurisdiction cannot be obtained over them; therefore, Kwik Stop is deemed the manufacturer of the product.

One Colorado Springs dad is familiar with the adverse effects of Spice and hopes the lawsuit sends a message to all stores who choose to sell Spice.

Gordon Walker's son, 19-year-old Joshua Walker, was hospitalized after using Spice about two weeks ago.  He's still in the hospital and it's unknown if he has suffered any permanent damage.

"I think she's doing the right thing," Walker said of Colbert.  "It's got to get off the market.  These stores can't sell it.  If they realize how much it's damaging and hurting people, then they'll take if off the market."

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