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Boam v. Snodgrass

Court of Appeals of Colorado, First Division
Jun 8, 1971
486 P.2d 31 (Colo. App. 1971)

Opinion

         June 8, 1971

         Editorial Note:

         This case has been marked 'not for publication' by the court.

         George B. Lee, Denver, for plaintiffs in error.


         Goss & Gleason, Douglas K. Goss, Denver, for defendant in error.

         DUFFORD, Judge.

         This case was transferred from the Supreme Court pursuant to statute.

         The parties appear here in the same order as in the trial court and will be referred to by their trial court designations or by name.

         Plaintiffs brought this action against the defendant to recover for damages arising out of an automobile collision. At the close of the evidence, the trial court directed a verdict in favor of the plaintiffs on the liability issue and submitted the issue of damages to the jury. The jury returned a verdict in favor of the plaintiff Thomas Boam in the amount of $100 and in favor of the plaintiff Jacquie Boam in the amount of $1,500. Plaintiffs bring this appeal from the jury verdict.

          Plaintiffs first contend that the award of $100 damages to Thomas Boam was inadequate as a matter of law.

         Considering the minor nature of Thomas Boam's injuries and the fact that his medical expenses were only $40, we do not find that the jury verdict of $100 was manifestly inadequate. Consequently, such verdict must be affirmed upon appellate review. Preuss v. Schoonover, 154 Colo. 531, 391 P.2d 880. We also reject plaintiffs' contention that Thomas Boam was entitled to compensation for loss of wages for two days which were his regular days off, even though he was incapacitated on these days as a result of the automobile accident.

          Plaintiffs' remaining assignments of error relate to two instructions given by the trial court to the jury. No specific grounds appear in the record for plaintiffs' objection to one of these instructions as required by R.C.P.Colo. 51, and no objection whatsoever appears in the record to the other instruction. Consequently, we will not consider such assignments of error upon appellate review. Sharoff v. Iacino, 123 Colo. 456, 231 P.2d 959.

         The judgment is affirmed.

         COYTE and ENOCH, JJ., concur.


Summaries of

Boam v. Snodgrass

Court of Appeals of Colorado, First Division
Jun 8, 1971
486 P.2d 31 (Colo. App. 1971)
Case details for

Boam v. Snodgrass

Case Details

Full title:Boam v. Snodgrass

Court:Court of Appeals of Colorado, First Division

Date published: Jun 8, 1971

Citations

486 P.2d 31 (Colo. App. 1971)