Opinion
Wormwood, Wolvington, Renner & Dosh, Paul Renner, Denver, for plaintiff in error.
Walter L. Gerash, Denver, for defendant in error.
PIERCE, Judge.
This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
The parties appear here in reverse order of their appearance below and will be referred to by their trial court designations. This is an action for personal injuries arising from a collision between plaintiff's bicycle and defendant's truck. Defendant seeks reversal of a jury verdict in favor of plaintiff on the grounds that the court gave several erroneous instructions and permitted certain irregularities to occur at the time of formulation of the jury instructions.
We do not consider the alleged irregularities during the formulation of instructions to be of sufficient import to justify comment.
The numerous instructions complained of, while not model statements of the applicable law, sufficiently apprised the jurors of the issues before them and the legal principles to be applied. Any lack of precision they might have had was not, in our judgment, sufficient to have materially affected the ultimate decision reached by the jury. Such errors as might exist in these instructions were harmless under the circumstances. Colorado Springs & Interurban Ry. Co. v. Allen, 55 Colo. 391, 135 P. 790; Mendez v. Pavich, 159 Colo. 409, 412 P.2d 223.
Since the Colorado Jury Instructions have been adopted, adequately covering the instructions contested in this action, we do not believe a discussion of the instructions is necessary or in order.
Judgment is affirmed.
DWYER and DUFFORD, JJ., concur.