HESSE v. McCLINTIC

No. 06SC624.

176 P.3d 759 (2008)

Donald C. HESSE, II, Petitioner v. Colleen S. McCLINTIC, D.C., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 4, 2008.


Attorney(s) appearing for the Case

Campbell Latiolais & Ruebel, P.C., Colin C. Campbell, Casey A. Quillen, Denver, Colorado, Attorneys for Petitioner.

Fogel Keating Wagner Polidori & Shafner, P.C., William L. Keating, Steven R. Polidori, Kristin D. Sanko, Denver, Colorado, Attorneys for Respondent.


Justice DID delivered the Opinion of the Court.

Respondent Colleen McClintic was rearended by Petitioner Donald Hesse when she slowed for bighorn sheep that had entered her lane of travel on the highway. McClintic brought a negligence claim against Hesse stemming from the accident. Hesse raised the defense of comparative negligence, claiming that McClintic was negligent in failing to pull onto the shoulder instead of slowing in the lane of travel. At the close of...

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