MIDDLETON v. LUMCO, INC.

No. 73-080.

517 P.2d 483 (1973)

John G. MIDDLETON, Plaintiff-Appellant, v. LUMCO, INC., a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

December 26, 1973.


Attorney(s) appearing for the Case

Raphael M. Solo, Denver, for plaintiff-appellant.

Zarlengo, Mott & Zarlengo, Reed L. Winbourn, Denver, for defendant-appellee.


Not Selected for Official Publication.

PIERCE, Judge.

At the close of plaintiff's case in a negligence action tried to a jury, the trial court directed a verdict for defendant. Plaintiff appeals the judgment entered on that verdict, and we affirm.

The facts are undisputed. Plaintiff entered defendant's restaurant and was seated at a table near one of the outside walls. The outside wall was glass and the "captains" chair in which he was seated was situated...

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