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STEFANICH v. MARTINEZ

No. 76-305.

570 P.2d 554 (1977)

David A. STEFANICH, a minor through his father and next friend, Philip Stefanich and Philip Stefanich, Plaintiffs-Appellees, v. David MARTINEZ, Defendant-Appellant, and Fred Vidmar, John Vidmar and Florine Vidmar, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 18, 1977.

Certiorari Granted October 24, 1977.

Attorney(s) appearing for the Case

Frickey, Cairns & Wylder, P. C., Earl S. Wylder, Denver, for plaintiffs-appellees.

Hansen, Anstine & Hill, Robert W. Hansen, Denver, for defendant-appellant.

COYTE, Judge.

In this tort action, defendant David Martinez appeals the judgment entered on a jury verdict in favor of plaintiff David Stefanich. We affirm.

Plaintiff was injured in a shooting incident occurring in April 1974. He commenced suit against defendant, against the other youth involved in the occurrence, and against that youth's parents. Under a comparative negligence instruction, the jury found plaintiff was 10% negligent, defendant 35% negligent...

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