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TUCKER v. VOLUNTEERS OF AMERICA COLORADO BRANCH

No. 07CA0844.

211 P.3d 708 (2008)

Richard B. TUCKER, Plaintiff-Appellant, v. VOLUNTEERS OF AMERICA COLORADO BRANCH, a Colorado nonprofit corporation, d/b/a Volunteers of America; and Volunteers of America Foundation-Colorado, a Colorado nonprofit corporation, d/b/a Volunteers of America, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

Certiorari Denied July 20, 2009.

Attorney(s) appearing for the Case

Darling, Bergstrom & Milligan, PC, Richard J. Lesch, Ryan D. Nelson, Denver, Colorado, for Plaintiff-Appellant.

Hall & Evans, L.L.C., Peter Moyson, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge GRAHAM.

In this premises liability action, plaintiff, Richard B. Tucker, who prevailed in a jury trial, appeals the amount of the judgment in his favor. First, he asserts error in the trial court's refusal to strike the affirmative defenses of comparative negligence and assumption of the risk pleaded by defendants, Volunteers of America Colorado Branch and Volunteers of America Foundation-Colorado. Second, he asserts that the trial court erred in...

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