Martinez v. Stefanich

This tort action arises out of a 1974 1 shooting incident involving three minors, one of whom was thirteen and the other two fourteen years old. The petitioner, David Martinez, after being told by a co-defendant that a revolver was unloaded, shot the respondent David A. Stefanich in the shoulder. Trial to a jury resulted in a verdict in favor of the respondents. The jury was instructed under Colorado’s comparative negligence statute, section 13-21-111, C.R.S. 1973 (1976 Supp.), and the jury found the respondent (David Stefanich) 10% negligent, the petitioner (David Martinez) 35% negligent,…