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WHITLEY v. ANDERSEN

No. 75-390.

551 P.2d 1083 (1976)

Karen Aliece WHITLEY, by and through her father and next friend, James A. Whitley, Jr., and James A. Whitley, Jr., Plaintiffs-Appellants, v. Valerie ANDERSEN and Tami LeGault, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 29, 1976.

Certiorari Granted July 6, 1976.

Attorney(s) appearing for the Case

Holley, Boatright & Villano, George Alan Holley, Wheat Ridge, for plaintiffs-appellants.

Johnson, Makris & Hunsaker, P. C., William J. Hunsaker, Denver, for defendant-appellee Valerie Andersen.

DeMoulin, Anderson, Campbell & Laugesen, Jack Kent Anderson, Denver, for defendant-appellee Tami LeGault.

Selected for Official Publication.

PIERCE, Judge.

Plaintiffs in this assault and battery action, Karen and James Whitley, appeal from a directed verdict entered in favor of defendant, Tami LeGault, and also challenge the propriety of two instructions submitted to the jury relating to defendant Valerie Andersen. We reverse and remand.

Karen was struck in the jaw by defendant Andersen while standing in front of her locker at school. This attack was allegedly...

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