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AVERY v. WADLINGTON

No. 26351.

526 P.2d 295 (1974)

Sharon AVERY, Plaintiff-Appellant, v. Thomas H. WADLINGTON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 30, 1974.

Attorney(s) appearing for the Case

Fischer, Wilmarth & Hasler, G. William Beardslee, Elery Wilmarth, Fort Collins, for plaintiff-appellant.

Johnson, Anderson & Dressel, William F. Dressel, Fort Collins, for defendant-appellee.

HODGES, Justice.

Under our new comparative negligence statute, the trial court refused to allow an explanation or any comment to the jury by plaintiff's counsel of the effect of its determination of the percentage of negligence by the defendant and by the plaintiff. In its special verdict, the jury found 30% negligence by the defendant and 70% negligence by the plaintiff. The trial court thereupon entered judgment for the...

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