Bush v. Jackson

We granted certiorari to review the decision of the court of appeals in Bush v. Jackson, 36 Colo. App. 101, 539 P.2d 1290 (1975), to determine an evidentiary question of first impression in Colorado. We affirm the court of appeals’ reversal of the district court judgment, but for a different reason. We adopt an evidentiary rule contrary to a minority view adopted by the court of appeals.

Petitioner Bush and respondent Jackson were partners in a business enterprise. Animosity arose between the two, culminating in respondent shooting petitioner. Petitioner instituted suit to recover damages for…