Lumbardy v. People

DUBOFSKY, Justice.

The defendant, Frank Duane Lumbardy, appeals his conviction under section 42-4-1402, C.R.S.1973 (1980 Supp.) (a part of the state’s “hit and run” statutory scheme), for leaving the scene of an accident and failing to report the accident. Because we conclude that section 42-4-1402 applies only to accidents involving damage to a vehicle which is driven or attended by another person, it cannot serve as the basis of the defendant’s conviction for leaving the scene of a single car accident. We therefore reverse.

In the early evening of March 19, 1978, the defendant drove off West…