Mullin v. Babcock

2 Citing cases

  1. Carter v. Lovelace

    844 P.2d 1288 (Colo. App. 1992)   Cited 6 times
    Holding that the trial court erred in instructing the jury on assumption of the risk when the plaintiff did not assume the specific risk that caused his injuries

    Previous authority has not construed the assumption of risk doctrine that broadly. See Harris v. The Ark, supra (assumption of risk instruction proper when plaintiff knew alternate routes were available but decided to take an icy and snow-covered walkway on which he slipped and fell); Mullin v. Babcock, 167 Colo. 369, 447 P.2d 697 (1968) (assumption of risk instruction proper when plaintiff was injured after repeated warnings of danger); Pletchas v. Von Poppenheim, 148 Colo. 127, 365 P.2d 261 (1961) (assumption of risk instruction proper when plaintiff became a passenger in automobile driven by defendant whom plaintiff knew had been drinking). In sum, we conclude plaintiff's attempt to pass defendant's vehicle may have occurred in a negligent manner.

  2. Colwell v. Oatman

    510 P.2d 464 (Colo. App. 1973)   Cited 11 times

    Whether or not Colwell, after observing that Oatman had been drinking and was incapable of the more difficult task of handling the refrigerators from the ground, was guilty of contributory negligence, was ultimately a factual issue about which reasonable men could differ. It was not error to submit this question to the jury, Mullin v. Babcock, 167 Colo. 369, 447 P.2d 697, and the jury verdict is supported by the record. Damages