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WELLS v. COLORADO COLLEGE

No. 72-1390.

478 F.2d 158 (1973)

Cheryl WELLS, a minor by her father and next friend, Carroll G. Wells and Carroll G. Wells, Plaintiffs-Appellees, v. COLORADO COLLEGE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 23, 1973.

Attorney(s) appearing for the Case

Reed L. Winbourn, of Zarlengo, Mott & Carlin, Denver, Colo., for defendant-appellant.

John F. Bennett, of Bennett, Heinicke, Morrison & Holloway, Colorado Springs, Colo. (Howard Morrison, of Bennett, Heinicke, Morrison & Holloway, Colorado Springs, Colo., on the brief), for plaintiffs-appellees.

Before BREITENSTEIN and DOYLE, Circuit Judges, and KERR, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

In this diversity action, the plaintiff, suing through her father, recovered a judgment against Colorado College in the amount of $150,000.00. In addition, her father, who was also maintaining an action in his own behalf for actual damages, recovered the sum of $15,742.43. The incident which gave rise to the injuries and to the lawsuit was an unusual one. Plaintiff was injured in the course of taking a judo lesson which was sponsored...

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