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BANNING v. PRESTER

Court of Appeals Nos 11CA1093 & 11CA2210.

2012 COA 215

Michelle Banning, Plaintiff-Appellant and Cross-Appellee, v. William T. Prester, Defendant-Appellee and Cross-Appellant.

Court of Appeals of Colorado, Division II.

Announced December 27, 2012.

Attorney(s) appearing for the Case

Bendinelli Law Office P.C., Marc F. Bendinelli , Westminster, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Wick & Trautwein, LLC, Robin L. Wick , Kimberly B. Schutt , Fort Collins, Colorado, for Defendant-Appellee and Cross-Appellant.

Opinion by JUDGE CASEBOLT, Bernard and Booras, JJ., concur.

Opinion by JUDGE CASEBOLT.

¶ 1 In this automobile accident case, plaintiff, Michelle Banning, appeals the judgment awarding her damages following a jury verdict against defendant, William T. Prester. She contends the court erred in giving a jury instruction concerning mitigation of damages and in admitting certain evidence. Prester cross-appeals, contending that the trial court should have offset his recovery of costs against the judgment for Banning instead...

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