Andersen v. Whitley

We granted certiorari to review the court of appeals decision in Whitley v. Andersen, 37 Colo. App. 486, 551 P.2d 1083 (1976). In an action for damages for assault and battery, the trial court instructed the jury to consider provocative statements by the victim in mitigation of compensatory damages. The court of appeals held that giving this instruction 1 was error. It reversed the judgment of the trial court and remanded the cause for a new trial. We affirm.

Between classes at their junior high school, petitioner-appellee Valerie Andersen struck respondent-appellant Karen Whitley with her…