Legal Opinion

Graf v. Tracy

Supreme Court of Colorado

Decided September 6, 1977No. C-970PublishedCited by 12 opinions

1Opinion of the CourtJustice Carrigan

This case involves the propriety of a res ipsa loquitur instruction in a comparative negligence context. The Court of Appeals reversed the trial court’s judgment for the defendant and ordered a new trial on the plaintiff’s claim for damages.1

*3We granted the defendant’s petition for certiorari and now reverse the court of appeals.

The plaintiff sought damages for injuries sustained in an automobile collision on December 7, 1972. Because of icy conditions that morning, the plaintiffs car “rear-ended” the vehicle traveling ahead of him. The two cars were stopped in their lane of travel, and the…

2Cases cited9 opinions

  1. Turk v. H. C. Prange Co.Wisconsin Supreme Court · 1963
  2. Iacino v. BrownSupreme Court of Colorado · 1950
  3. Weiss v. AxlerSupreme Court of Colorado · 1958
  4. St. Luke's Hospital v. SchmaltzSupreme Court of Colorado · 1975
  5. Turtenwald v. Aetna Casualty & Surety Co.Wisconsin Supreme Court · 1972

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Lyons v. NasbySupreme Court of Colorado · 1989
  2. Montgomery Elevator Co. v. GordonSupreme Court of Colorado · 1980
  3. Colorado Flying Academy, Inc., a Colorado Corporation, Federal Insurance Company, and Associated Aviation Underwriters v. The United States of AmericaCourt of Appeals for the Tenth Circuit · 1984
  4. Stone's Farm Supply, Inc. v. DeaconSupreme Court of Colorado · 1991
  5. Mudd v. DorrColorado Court of Appeals · 1977

7 more not listed; retrieve them via the Exa API.

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