(DOWNLOAD) "Mountain Mobile MIX Inc. v. Gifford" by Colorado Court of Appeals No. 80CA0474 # Book PDF Kindle ePub Free
eBook details
- Title: Mountain Mobile MIX Inc. v. Gifford
- Author : Colorado Court of Appeals No. 80CA0474
- Release Date : January 26, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Opinion by JUDGE KELLY Mountain Mobile Mix, Inc., appeals from a judgment denying relief in a negligence action against Pete Gifford and Dale Green to recover property damage. The sole issue presented on appeal is whether, in a multiple defendant action, the Colorado Comparative Negligence Act, § 13-21-111, C.R.S. 1973, should be interpreted as requiring that the negligence of a plaintiff be compared against the combined negligence of all defendants or against the negligence of each defendant individually. We affirm the ruling of the trial court that, under the Act, the negligence of a plaintiff is to be compared against the negligence of each individual defendant. The accident out of which this claim arose occurred when an employee of Mountain Mobile Mix arrived on a job site to deliver a load of cement. In order to deliver the load, the driver backed the cement truck onto a dirt driveway along the edge of an excavation. A portion of the driveway would not support the truck, and it fell down the excavation embankment onto its side.