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Watson v. Regional Transportation District
Colorado Supreme Court
762 P.2d 133 (1988)
Jayma Watson (plaintiff) was riding as a passenger on a motorcycle driven by her husband, Randy Watson. Jayma and Randy jointly owned the motorcycle, but Jayma did not have an operator’s license and did not know how to drive the motorcycle. The motorcycle collided with a bus operated by Regional Transportation District (RTD) (defendant), when the bus stopped while making a right turn in front of the motorcycle. Randy attempted to stop the motorcycle, but it skidded 63 feet and hit the back of the bus. Jayma suffered severe injuries to her leg and foot. Jayma sued RTD, alleging negligence. RTD asserted that the accident was caused by Randy’s negligence, and Randy’s negligence should be imputed to Jayma. The trial court instructed the jury that Randy’s negligence would be imputed to Jayma. The jury determined that RTD was 51 percent at fault, and Randy was 49 percent at fault. The trial court awarded damages to Jayma, reduced by the 49-percent comparative negligence finding by the jury. Jayma appealed, and the court of appeals affirmed the ruling imputing Randy’s comparative negligence to Jayma. Jayma then petitioned the Colorado Supreme Court for review.
Rule of Law
Holding and Reasoning (Lohr, J.)
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