Colorado Court of Appeals
487 P.2d 566 (Colo.App. 1971)
William Pena (plaintiff) was injured in a car accident caused by Bruckman (defendant). Subsequently, Pena was in another car accident which aggravated his injuries from the Bruckman accident. Pena brought a negligence suit against Bruckman for his initial injuries and the aggravation of those injuries. The jury was instructed that if it could not apportion the amount of injury between the first accident and the second accident, then Bruckman would be liable for all of the injuries. The jury found in favor of Pena for $50,000. Bruckman appealed on the grounds that the jury instructions were improper.
Rule of Law
Holding and Reasoning (Dwyer, J.)
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