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CARTER v. LOVELACE

No. 91CA1501.

844 P.2d 1288 (1992)

Jay M. CARTER, III, Plaintiff-Appellant, v. Edwin M. LOVELACE, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 17, 1992.

Attorney(s) appearing for the Case

Edward J. LaBarre, Colorado Springs, for plaintiff-appellant.

James R. Alvillar, Laurie A. Noble, Grand Junction, for defendant-appellee.

Opinion by Judge ROTHENBERG.

Plaintiff, Jay M. Carter, III, appeals from the judgment entered following a jury trial. We reverse and remand with directions.

In August 1989, plaintiff was driving westbound on a two-lane highway, behind a vehicle towing a small trailer. In front of the vehicle with the trailer was a motor home driven by defendant, Edwin M. Lovelace. When plaintiff reached a passing zone, he attempted to pass the two vehicles; however, before...

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