Opinion
Aug. 14, 1973.
Editorial Note:
This case has been marked 'not for publication' by the court.
James W. Wilson, Denver, for defendant-appellant.
No appearance for plaintiff-appellee.
COYTE, Judge.
Defendant, Augustine Narcisse, appeals from a judgment entered against her in a negligence action brought as the result of an automobile accident which occurred at the intersection of Colorado Boulevard and Twenty-sixth Avenue in Denver, Colorado. Plaintiff alleged in his complaint that defendant was negligent, and defendant answered denying negligence and alleging that plaintiff was guilty of contributory negligence. Upon trial to the court, the issues of negligence and contributory negligence were resolved in favor of plaintiff and judgment was entered against defendant.
Defendant appeals, contending that she was not negligent and that plaintiff was guilty of contributory negligence as a matter of law. We disagree and affirm.
Just prior to the accident, defendant was traveling in a southerly direction on Colorado Boulevard and stopped at the intersection of Twenty-sixth Avenue to make a left turn. As she made the turn, she collided with plaintiff's automobile which was traveling north on Colorado Boulevard. The intersection is regulated by a traffic light, and at trial there was conflicting testimony as to the color of the light when plaintiff entered the intersection. There was also conflicting testimony as to the speed of plaintiff's vehicle when he entered the intersection, but the court labeled as speculation the testimony which suggested that plaintiff was exceeding the speed limit.
The questions of negligence and contributory negligence were questions of fact for the trial court to determine as the trier of fact. Commercial Carriers, Inc. v. Driscoll Truck Lines, Inc., 158 Colo. 552, 408 P.2d 445. The trial court resolved these issues in favor of plaintiff, and where, as here, its findings are supported by competent evidence, they will not be disturbed on review. Linley v. Hanson, 173 Colo. 239, 477 P.2d 453.
Judgment affirmed.
PIERCE and SMITH, JJ., concur.