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MARTINEZ v. STEFANICH

No. C-1375.

577 P.2d 1099 (1978)

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

Supreme Court of Colorado, En Banc.

May 8, 1978.

Attorney(s) appearing for the Case

Hansen & Breit, Robert W. Hansen, Denver, for petitioner-defendant.

Frickey & Cairns, Richard H. Cairns, Dan W. Corson, Denver, for respondents-plaintiffs.

ERICKSON, Justice.

This tort action arises out of a 19741 shooting incident involving three minors, one of whom was thirteen and the other two fourteen years old. The petitioner, David Martinez, after being told by a co-defendant that a revolver was unloaded, shot the respondent David A. Stefanich in the shoulder. Trial to a jury resulted in a verdict in favor of the respondents. The jury was instructed under Colorado's comparative negligence...

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