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Martinez v. Stefanich

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eBook details

  • Title: Martinez v. Stefanich
  • Author : Colorado Supreme Court
  • Release Date : January 08, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

This tort action arises out of a 1974 shooting incident involving three minors, one of whom was thirteen and the other two fourteen years old. The petitioner, David Martinez, after being told by a co-defendant that a revolver was unloaded, shot the respondent David A. Stefanich in the shoulder. Trial to a jury resulted in a verdict in favor of the respondents. The jury was instructed under Colorados comparative negligence statute, section 13-21-111, C.R.S. 1973 (1976 Supp.), and the jury found the respondent (David Stefanich) 10% negligent, the petitioner (David Martinez) 35% negligent, the the other minor 20% negligent, and the parents of the minor in whose name the accident occurred 35% negligent. The court of appeals affirmed in Stefanich v. Martinez, 39 Colo. App. 500, 570 P.2d 554 (1977). We granted certiorari and now affirm.


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