Mile Hi Concrete, Inc. v. Matz

This is a negligence and products liability action. We granted certiorari to review the jury instructions given by the district court. The jury returned a verdict for the defendant, and the court of appeals reversed and ordered a new trial. Matz v. Mile Hi Concrete, Inc., 819 P.2d 530 (Colo. App.1991). The jury instructions on the duty of care owed by the petitioner, Mile Hi Concrete, Inc. (Mile Hi), to the respondent, Richard Matz, and the statutory presumption created by section 13-21-403(3), 6A C.R.S. (1987), are the primary issues on appeal. We affirm in part, reverse in part, and return…