Opinion
Aug. 5, 1970.
Editorial Note:
This case has been marked 'not for publication' by the court.
Evidence supported finding that third person was employee of defendant filling station owners, that he was working within scope of employment at time plaintiff's truck was destroyed by fire and explosion, and that his negligence was proximate cause of loss.
Robert W. Caddes, Denver, for plaintiffs in error.
Chester H. Walter, Jr., 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. Defendants' employee, Strange, will be referred to by name.
Plaintiff brought suit to recover damages for the destruction of a truck, with equipment, by fire and explosion while the truck was being repaired in a filling station owned by defendants. Strange was, at the time of the fire and explosion, attempting to make repairs on the truck's ruptured gas tank.
The trial court found: that Strange was an employee of defendants; that he was working within the scope of his employment at the time the truck was destroyed; and that his negligence was the proximate cause of the loss. Plaintiff was awarded damages.
Defendants complain that the trial court was wrong in each of these findings. All these assignments of error have one thing in common--asserted lack of support in the evidence.
Our review of the record clearly shows evidence to support the trial court's findings. These matters were for the trier of fact to determine. Hynes v. Donaldson, 155 Colo. 456, 395 P.2d 221. Accordingly, the findings of the trial court on these issues will not be disturbed on review. Hipps v. Henning, Colo., 447 P.2d 700.
Judgment is affirmed.
COYTE and ENOCH, JJ., concur.