HOTCHKISS v. PREBLE

No. 71-447.

508 P.2d 397 (1973)

Jana K. HOTCHKISS, by her father and next friend, C. W. Hotchkiss, et al., Plaintiffs-Appellees, v. Deborah Ann PREBLE and Parker E. Preble, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 14, 1973.

Certiorari Granted April 16, 1973.


Attorney(s) appearing for the Case

Harden & Napheys, Ralph B. Harden, Fort Collins, for plaintiffs-appellees.

Fischer & Wilmarth, Elery Wilmarth, Fort Collins, for defendants-appellants.


Selected for Official Publication.

SMITH, Judge.

Defendants appeal from a judgment entered on a jury verdict awarding plaintiff damages for injuries received in an automobile accident. Although defendants have asserted numerous errors, it is only necessary for us to consider the application of the guest statute, C.R.S.1963, 13-9-1. We reverse.

As grounds for recovery, plaintiffs' complaint asserted both simple negligence and conduct consisting of a...

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