Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

Cabana v. Vigil

494 P.2d 140 (Colo.App. Div. 2 1972) Richard James CABANA, a minor, by his father and next friend, Richard C. Cabana, and Richard C. Cabana, Individually, Plaintiffs-Appellees, v. Louis VIGIL, Junior, and Louis Vigil, Defendants-Appellants. No. 70--446. Court of Appeals of Colorado, Second Division January 4, 1972

         Litvak, Litvak, Schwartz & Karsh, Larry Litvak, Denver, for plaintiffs-appellees.

         Wood, Ris & Hames, Eugene S. Hames, Gary P. Sandblom, Denver, for defendants-appellants.

         ENOCH, Judge.

         The parties to this appeal appear in the reverse order of their appearance in the trial court. One of the plaintiffs below, Richard James Cabana, a minor, brought suit through his father and next friend, Richard C. Cabana, to recover damages for personal injuries allegedly sustained in a collision between a vehicle driven by the defendant, Louis Vigil, Junior, and another vehicle in which the plaintiff was a passenger. Richard C. Cabana also sued in his own behalf to recover amounts expended by him for medical and hospital treatment of his son. Louis Vigil, Sr., the owner of the vehicle driven by his son, Louis Vigil, Junior, was joined as a defendant. Trial was to a jury and a verdict was returned in favor of the plaintiffs.

         The defendants have alleged a number of errors for our consideration. We find the first, which relates to certain testimony allowed over defendants' objection, dispositive of this appeal.

         The testimony complained of was, in essence, that after the collision, Louis Vigil, Junior, stated that he did not want the police called because he only had a few more 'points' on his driver's license and if he got another ticket, he would lose it. In Carsell v. Edwards, 165 Colo. 335, 439 P.2d 33, almost identical testimony was elicited and held to be reversible error. On the basis of this precedent, we hold that it was error for the trial court to allow the testimony in the present case.

         Judgment reversed and cause remanded for new trial.

         SILVERSTEIN, C.J., and DWYER, J., concur.

Use AI to get other relevant cases.

Comments

Cabana v. Vigil
(Jan 4, 1972)