JOHNSON v. LAMBOTTE

No. 19474.

363 P.2d 165 (1961)

Dorothy JOHNSON, Plaintiff in Error, v. E. H. LAMBOTTE, Defendant in Error.

Supreme Court of Colorado. In Department.

July 3, 1961.


Attorney(s) appearing for the Case

Wormwood, O'Dell & Wolvington, Paul D. Renner, Denver, for plaintiff in error.

Morris Rutland, Denver, for defendant in error.


MOORE, Justice.

We will refer to plaintiff in error as Dorothy and to defendant in error as Lambotte. The case involves the question of whether a mental incompetent is liable for damages resulting from tortious conduct in an action in which the alleged incompetent is not represented by a guardian ad litem, conservator or other court appointed fiduciary.

Stripped of nonessentials the pertinent facts are that on October 25, 1957, Dorothy was a patient in the...

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