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CANAPE v. PETERSEN

No. 94SC230.

897 P.2d 762 (1995)

Martin CANAPE, Petitioner, and Colorado Compensation Insurance Authority, Petitioner-Intervenor, v. David PETERSEN, d/b/a Western Hills Construction, Respondent.

Supreme Court of Colorado, En Banc.

June 5, 1995.

Attorney(s) appearing for the Case

Winston & Liston, P.C., Joseph R. Winston, Mary Ann Liston, LeHouillier & Associates, Patric J. LeHouillier, Colorado Springs, for petitioner.

Hale Pratt Midgley Hackstaff & Goldberg, P.C. Charles M. Pratt, Denver, for petitioner-intervenor.

Vaughan, Reeves & DeMuro, Carla McCord Albers, Colorado Springs, for respondent.

Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to consider the following question:

Whether the Colorado Court of Appeals erred in ruling that a violation of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (1988), cannot be the basis of a negligence per se jury instruction.

We conclude that the trial court correctly refused to instruct the jury on the issue of negligence per se. We therefore...

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