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EVANS v. THOMPSON

No. 86CA0940.

762 P.2d 754 (1988)

Robert C. EVANS, Plaintiff-Appellant, v. Robert THOMPSON, also known as Bobby Thompson, d/b/a "Bobby Bail Bonding", Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 1, 1988.

Attorney(s) appearing for the Case

Maley and Schiff, P.C., John T. Maley, Denver, for plaintiff-appellant.

James W. Robnett, Denver, for defendant-appellee.

NEY, Judge.

In this assault case, plaintiff, Robert C. Evans, appeals the trial court's judgment notwithstanding the verdict setting aside the jury's award of exemplary damages and an order "suspending" a term of body execution. We reverse and remand to the trial court.

Defendant, a bail bondsman, mistook plaintiff for another individual who had recently "jumped" bail. Defendant injured plaintiff in a struggle and threatened him with a gun. The jury awarded...

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