Tompkins v. DeLeon

We granted certiorari to consider the court of appeals’ decision, 40 Colo. App. 241, 576 P.2d 563 (1977), interpreting the Dead Man’s Statute. We reverse.

The respondents, Marie and Linda DeLeon, suffered bodily injuries on August 22, 1972 when an automobile owned and operated by Jose Ruperto del Valle struck their car from the rear. On September 19, 1973 del Valle died of a cause unrelated to the accident. Subsequently, the respondents sued the administrator of del Valle’s estate. At the ensuing trial, respondents sought to testify concerning their pain, suffering and medical care during the…