1972, May, Pg. 53. Comparative Negligence: Reactions of Counsel.

• Author: by Frank Plaut

1 Colo.Law. 53

Colorado Lawyer

1972.

1972, May, Pg. 53.

Comparative Negligence: Reactions of Counsel

53Vol. 1, No. 7, Pg. 53Comparative Negligence: Reactions of Counselby Frank Plaut and Jack Kent AndersonThe following observations are those of counsel involved in one of the first comparative negligence cases in Colorado: George v. Drake, tried before District Judge Roscoe Pile on February 10 and 11, 1972. Plaintiff was represented by Frank Plaut, Lakewood, and defendant by Jack Kent Anderson, Denver.To the best knowledge of counsel involved in the case, the matter of George v. Drake, tried before District Judge Roscoe Pile in Golden on February 10 and 11, 1972, was the first comparative negligence case tried in Colorado. In that case, plaintiff, on a motorcycle, collided with the vehicle of defendant, which was pulling out from a parking area into the street on which plaintiff was traveling. Plaintiff's position was that defendant failed to yield the right-of-way. Defendant's position, supported by three defense witnesses, was that plaintiff was exceeding the speed limit. Plaintiff suffered no permanent injury as a result of the collision.

The Court gave the following instructions and form of special verdict (which have since received tentative approval by the Colorado Supreme Court):

Instruction No. 22: If you find the claimed damages were proximately caused by both the negligence of the plaintiff, Paul E. George, Jr. and the defendant, Carol Drake, then you must determine to what extent the negligent conduct of each contributed to the damages of plaintiff, expressed as a percentage of 100%.

Instruction No. 23: The Court instructs you to answer the following questions which present the ultimate issues of fact in this case, and which will be on a form for Special Verdict:

1. Was the defendant, Carol Drake, negligent?

2. Was the defendant's negligence, if any, a proximate cause of the plaintiff's, Paul E. George, Jr., claimed injuries and damages?

3. Was the plaintiff contributorily negligent?

4. Was the plaintiff's contributory negligence, if any, a proximate cause of his claimed injuries and damages?

5. If you answer all the four foregoing questions "yes," then you are to answer this question:

   Taking the combined negligence that proximately caused the injuries and damages at 100%, what percentage of that negligence was attributable to the defendant and what percentage was attributable to the plaintiff?

6. If you answer questions 1 and 2 "yes," then state the amount of damages, if any, you find were sustained by the plaintiff and proximately caused by the accident,

   54without regard to the contributory negligence of the plaintiff, if any.Before you return the Special Verdict answering these questions...