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BEDOR v. JOHNSON

No. 10SC65.

292 P.3d 924 (2013)

2013 CO 4

Richard BEDOR, Petitioner v. Michael E. JOHNSON, Respondent.

Supreme Court of Colorado, En Banc.

January 22, 2013.

Attorney(s) appearing for the Case

Walter H. Sargent , Walter H. Sargent , a professional corporation, Colorado Springs, Colorado, Earl G. Rhodes , Younge & Hockensmith, P.C, Grand Junction, Colorado, for Petitioner.

Franklin D. Patterson , Brian D. Kennedy , Frank Patterson & Associates, P.C., Greenwood Village, Colorado, James R. Alvillar , James R. Alvillar and Associates, Grand Junction, Colorado, for Respondent.

Thomas D. Neville , Ogborn, Summerlin & Ogborn, LLC, Denver, Colorado, for Amicus Curiae Colorado Trial Lawyers Association.

Jeffrey C. Ruebel , Ruebel & Quillen, LLC, Westminster, Colorado, for Amicus Curiae Colorado Defense Lawyers Association.

Justice RICE delivered the Opinion of the Court.

¶ 1 In this negligence action, we review whether the court of appeals erred when it held that the trial court correctly instructed the jury on the sudden emergency doctrine after the Respondent, Michael E. Johnson, lost control of his vehicle in winter driving conditions and collided with Petitioner, Richard Bedor. We hold that the trial court abused its discretion when it tendered the sudden emergency instruction...

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