Johnson v. Lambotte

Opinion by

Mr. Justice Moore.

We will refer to plaintiff in error as Dorothy and to defendant in error as Lambotte. The case involves the question of whether a mental incompetent is liable for damages resulting from tortious conduct in an action in which the alleged incompetent is not represented by a guardian ad litem, conservator or other court appointed fiduciary.

Stripped of nonessentials the pertinent facts are that on October 25, 1957, Dorothy was a patient in the Colorado General Hospital under order of the county court of. Jefferson county. She was under observation and being treated for…