Ferguson v. Gardner

We granted certiorari to review the court of appeals decision in Ferguson v. Gardner, 35 Colo. App. 266, 533 P.2d 938 (1975), which affirmed the trial court’s order directing a verdict for defendant and dismissing plaintiffs claim for damages. We reverse.

The parties will be referred to as they appeared in the trial court. In order to consider the issues raised on appeal, the evidence must be examined in the light most favorable to the plaintiff. McGlasson v. Barger, 163 Colo. 438, 431 P.2d 778 (1967); Nettrour v. J. C. Penney Co., 146 Colo. 150, 360 P.2d 964 (1961); Hennigar v. Van Every, 139…