LEPPKE v. SEGURA

No. 80CA1131.

632 P.2d 1057 (1981)

Glenn LEPPKE and Carol Leppke, Plaintiffs-Appellants, v. Robert G. SEGURA, Robert Segura, individually, and d/b/a Larriette Tavern, Marvin McNeely, individually and d/b/a Chateau Chaparral Lodge, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

August 6, 1981.


Attorney(s) appearing for the Case

Eugene Deikman, P. C., William Peterson, Denver, for plaintiffs-appellants.

Petersen & Fonda, P. C., Lewis M. Quigg, David Crockenberg, Pueblo, for defendant-appellee Marvin McNeely.

Weller, Friedrich, Hickisch & Hazlitt, William H. Hazlitt, Denver, for defendant-appellee Robert G. Segura.


STERNBERG, Judge.

The issue in this appeal is whether one who voluntarily jump-starts an automobile for an obviously intoxicated person can be held liable to third persons for injuries sustained in a collision occurring shortly thereafter between their vehicle and the inebriated person's car which was being operated in a reckless manner. We conclude that liability may exist, and therefore, reverse the trial court's entry of summary judgment in favor of the defendants...

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