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TRACY v. GRAF

No. 75-106.

550 P.2d 886 (1976)

Marc E. TRACY, Plaintiff-Appellant, v. Wesley E. GRAF, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 8, 1976.

Certiorari Granted June 7, 1976.

Attorney(s) appearing for the Case

Frickey, Cairns, Wylder & Gilliam, P. C., Earl S. Wylder, Denver, for plaintiff-appellant.

Blunk, Johnson & Allspach, George Johnson, Denver, for defendant-appellee.

Selected for Official Publication.

BERMAN, Judge.

Plaintiff commenced this action to recover damages for personal injuries he suffered as a result of an automobile accident between the parties allegedly caused by defendant's negligence. The jury returned a verdict finding defendant 30% negligent and plaintiff 70% negligent. Judgment was entered thereon. We reverse.

At dawn on December 7, 1972, a vehicle driven by plaintiff "rear-ended" a vehicle stopped...

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