Dare v. Sobule

ERICKSON, Chief Justice.

In a wrongful death action, Marvin H. and Alice C. Dare (petitioners) assert that the trial court committed reversible error in refusing to give a tendered jury instruction on failure to wear a motorcycle helmet. 1 The Court of Appeals affirmed a verdict for Marvin L. Sobule (respondent). Dare v. Sobule, 648 P.2d 169 (Colo.App.1982). We granted certiorari and now reverse, and return this case to the Court of Appeals with directions to remand it to the trial court for a new trial.

I

On July 30, 1977, Tracy Dare (decedent) was riding a motorcycle eastward on Mississippi…