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ANDERSEN v. WHITLEY

No. C-985.

570 P.2d 525 (1977)

Valerie ANDERSEN, Petitioner, v. Karen Aliece WHITLEY, by and through her father and next friend, James A. Whitley, Jr., and James A. Whitley, Jr., Respondents.

Supreme Court of Colorado, En Banc.

September 26, 1977.

Attorney(s) appearing for the Case

Johnson, Makris & Hunsaker, P. C., William J. Hunsaker, Denver, for petitioner.

George Alan Holley & Associates, Daniel S. M. Smith, Denver, for respondents.

HODGES, Justice.

We granted certiorari to review the court of appeals decision in Whitley v. Andersen, Colo.App., 551 P.2d 1083 (1976). In an action for damages for assault and battery, the trial court instructed the jury to consider provocative statements by the victim in mitigation of compensatory damages. The court of appeals held that giving this instruction1 was error. It reversed the judgment...

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