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ROSE v. ALLSTATE INS. CO.

No. 86CA0358.

754 P.2d 416 (1987)

Daniel J. ROSE, Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 14, 1988.

Certiorari Granted May 16, 1988.

Attorney(s) appearing for the Case

Robert E. Williamson, Duane A. Cole, Fort Collins, for plaintiff-appellee.

Fischer, Brown, Huddleson & Gunn, Stephen J. Jouard, Fort Collins, for defendant-appellant.

Certiorari Granted (Rose) May 16, 1988.

KELLY, Judge.

In this action to recover under a no-fault automobile insurance policy issued by the defendant, Allstate Insurance Company, defendant appeals the judgment entered in favor of the plaintiff, Daniel J. Rose. The sole issue is defendant's contention that the trial court erred in ruling that Rose was a pedestrian at the time of the accident in question. We reverse.

The facts are uncontested. Rose was...

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