RODRIGUEZ v. SCHUTT

No. 95SC97.

914 P.2d 921 (1996)

James RODRIGUEZ and Yolanda Rodriguez, Petitioners, v. John W. SCHUTT, Respondent.

Supreme Court of Colorado, En Banc.

April 15, 1996.


Attorney(s) appearing for the Case

Philip A. Klein and Charles Welton, P.C., Charles Welton, Philip A. Klein, Denver, for Petitioners.

Harris, Karstaedt, Jamison & Powers, P.C., A. Peter Gregory, Englewood, for Respondent.

Wilcox & Ogden, P.C., Ralph Ogden, Denver, for Amicus Curiae The Colorado Trial Lawyers' Association.


Justice ERICKSON delivered the Opinion of the Court.

James Rodriguez was injured by broken glass on a storm door on the premises which he and his wife, Yolanda, rented from John W. Schutt. The Rodriguezes sued Schutt for negligence. A jury found Schutt 70% negligent and James Rodriguez 30% negligent. The jury awarded judgments to James Rodriguez for $275,000 and to Yolanda Rodriguez for $25,000. The court reduced these judgments to $192,000 and $17,500, respectively...

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