Berger v. Coon

We agreed to review on certiorari the opinion of the court of appeals in Coon v. Berger, 41 Colo. App. 358, 588 P.2d 386 (1978). We affirm.

The respondents, the Coons, were plaintiffs in a malpractice against Charles Ginsberg, an attorney. In the first trial they received a favorable verdict, but after an appeal a retrial was ordered. At the second trial Ginsberg’s illness prevented him from testifying, and a transcript of his previous testimony was read to the jury. The Coons testified at the first and second trials. The second trial resulted in a deadlocked jury. Ginsberg died prior to the…