Mince v. Butters

We granted certiorari to review the decision of the court of appeals in Butters v. Mince, 43 Colo. App. 89, 605 P.2d 922 (1979). We reverse the judgment of the court of appeals and remand the cause to that court for determination of other issues.

The respondent-plaintiff, Darren Butters (Butters), by and though his mother as next friend, commenced a tort action against the petitioner-defendant, Leslie Mince (Mince), as a result of an accident on February 3, 1976. Butters, who was then 14 years old, was riding a bicycle outside a designated bicycle path in an easterly direction on East Sixth…