Opinion
No. 21280.
Decided September 19, 1966.
Action to recover damages for injuries sustained as a result of an automobile collision caused by the negligence of the defendant. Judgment for defendant.
Affirmed.
1. AUTOMOBILES — Collision — Negligence — Issue of Fact — Jury — Review. In automobile collision case in which plaintiff suffered an adverse judgment and now, on review, seeks reversal on ground that there was no evidence of contributory negligence on his part and that trial court erred in submitting that question to jury, held, there is no merit to plaintiff's contention as record reflects sufficient showing of negligence on plaintiff's part to require submission of that issue to jury.
Error to the District Court of Crowley County, Honorable William L. Gobin, Judge.
D. E. Johnson, for plaintiff in error.
Gordon, Lefferdink and Legg, for defendant in error.
This action was commenced in the trial court by Julian Montanez against Alberta Rusher following an automobile collision at an intersection of county roads in Crowley county, Colorado, which occurred on June 26, 1959. The complaint was not filed until August 12, 1963. Montanez claimed that he sustained injuries as a result of the accident allegedly caused by the negligence of Alberta Rusher, the defendant. She denied negligence on her part; alleged that plaintiff himself was negligent; and by counterclaim sought to recover property damages to her automobile and for medical expenses, in the total amount of $729.25.
The case was tried to a jury and verdicts were returned against the plaintiff on him complaint, and against the defendant on her counterclaim. Judgments were entered on the verdicts.
Montanez is here on writ of error seeking reversal of the judgment against him on the ground that as a matter of law the defendant was guilty of negligence which was the sole proximate cause of the accident. His attorney argues that there was no evidence of any contributory negligence on the part of plaintiff; that the trial court erred in submitting that question to the jury; and that his motion for a directed verdict on the question of liability should have been granted.
We have read the complete record and find in the evidence a sufficient showing of negligence on the part of Montanez to require a submission of that issue to the jury.
The judgment is affirmed.
MR. JUSTICE McWILLIAMS and MR. JUSTICE PRINGLE concur.