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RICKLIN v. SMITH

No. 80CA0452.

670 P.2d 1239 (1983)

Richard RICKLIN, Plaintiff-Appellant, v. Helen SMITH, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 24, 1983.

Certiorari Denied September 6, 1983.

Attorney(s) appearing for the Case

Dufty, Schoenwald & Hultin, Pamela N. Hultin, Denver, for plaintiff-appellant.

Erickson, Quigley & Goss, P.C., Neil Quigley, Denver, for defendant-appellee.

BERMAN, Judge.

In this comparative negligence action arising from a vehicle-pedestrian accident, a jury verdict was entered finding plaintiff-pedestrian to be 67% negligent and defendant-driver 33% negligent. Because he recovered nothing under such a distribution of percentage contribution, plaintiff appeals. We reverse and remand for a new trial.

Plaintiff sued the driver for negligent operation of her car. The...

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