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DE AVILA v. ESTATE OF DEHERRERA

No. 02CA0355.

75 P.3d 1144 (2003)

Francisco Hernandez De AVILA, Plaintiff-Appellant, v. ESTATE OF Emilio DeHERRERA, Deceased, Francis DeHerrera, as personal representative of the estate of Emilio DeHerrera, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Certiorari Denied September 8, 2003.

Attorney(s) appearing for the Case

William A. Martinez, P.C., William A. Martinez, Alamosa, Colorado; Graham Law Firm, David A. Graham, Taos, New Mexico, for Plaintiff-Appellant.

Sutton, Melonakis & Gulley, P.A., Debra K. Sutton, Jacquelyn S. Booker, Littleton, Colorado, for Defendant-Appellee.

Opinion by Judge MARQUEZ.

Plaintiff, Francisco Hernandez De Avila, appeals from an amended judgment against defendant, Estate of Emilio DeHerrera (decedent), reducing the prior judgment in the sum of $613,700 plus interest to a sum of $100,000 plus interest and costs. We reverse and remand for reinstatement of the original judgment.

On March 18, 1997, plaintiff was injured in an accident while riding as a passenger in a truck driven by decedent. Because no...

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