DELEON v. TOMPKINS

No. 76-775.

576 P.2d 563 (1978)

Marie DeLEON and Linda DeLeon, Plaintiffs-Appellants, v. Jeffrey I. TOMPKINS, as Special Administrator of the Estate of Jose Ruperto del Valle, Deceased, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 12, 1978.

Certiorari Granted March 20, 1978.


Attorney(s) appearing for the Case

James Robert Barash, Colorado Springs, for plaintiffs-appellants.

Rector & Retherford, J. Stephen Mullen, Colorado Springs, for defendant-appellee.


STERNBERG, Judge.

In this appeal, by an agreed statement pursuant to C.A.R. 10(d), the parties present one issue: Whether, in a personal injury action against a decedent's administrator, the Dead Man's Statute prohibits an injured party from testifying, over the objection of the administrator, as to medical care received and pain and suffering endured by the injured party prior to the time of the death of the adverse party...

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