Gordon v. Benson

We granted certiorari to review the Colorado Court of Appeals’ decision in Benson v. Gordon, No. 93CA1857 (Colo.App. Feb. 16, 1995), affirming a judgment for the plaintiff in a negligence action arising from an automobile accident. The court of appeals held that the trial court properly refused the defendant’s request that the jury be instructed on comparative negligence. We conclude that the defendant was entitled to such an instruction based on the evidence presented at trial. We therefore reverse the judgment of the court of appeals and remand with directions to order a new trial.

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In April…