Graham v. Lombardi

Opinion by

Chief Judge KELLY.

Thomas A. Graham appeals the judgment of dismissal entered upon the jury’s verdicts rejecting his claims for damages for assault and battery and outrageous conduct. We agree with plaintiff’s contention that the trial court erred in admitting certain opinion testimony without a proper foundation, and accordingly, we reverse.

In 1985, defendants Lombardi and Purol were police officers for the defendant City of Arvada when they forcefully subdued the plaintiff following a routine traffic stop. The evidence reveals that plaintiff refused to show the officers his…