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WAITKUS v. POMEROY

No. 71-321.

506 P.2d 392 (1972)

Alan J. WAITKUS, Plaintiff-Appellant, v. William A. Cleveland POMEROY et al., Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 12, 1972.

Certiorari Granted February 26, 1973.

Attorney(s) appearing for the Case

Martin, Knapple & Johnson, James G. Martin, Helen P. Garfield, Boulder, for plaintiff-appellant.

Yegge, Hall & Evans, Wesley H. Doan, Denver, for defendant-appellee, William A. Cleveland Pomeroy.

Selected for Official Publication.

SMITH, Judge.

While driving a sports car with Stephen Zeiler and Alan J. Waitkus as passengers, William A. Cleveland Pomeroy attempted to overtake an automobile being driven at a high speed by one Jan Kevin Vesey. Pomeroy lost control of his car which went into a broadside skid and smashed into a tree. Zeiler and Waitkus were both injured in the accident. Zeiler brought an action against Pomeroy, the driver of the car in...

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