Vencill v. Elwell
Published: Aug. 19, 2000 | Result Date: Jun. 19, 2000 | Filing Date: Jan. 1, 1900 |Case number: 98CV5001 Verdict – $19,000
Judge
Court
Arapahoe District
Attorneys
Plaintiff
Defendant
Facts
About fifteen minutes after sundown, plaintiff Vencill and his wife, were facing west in their pickup truck on Coalmine Road waiting to turn left onto southbound Lamar Street. Vencill started to turn in front of 16-year-old defendant ElwellÆs vehicle which was proceeding east on Coalmine Road. A collision resulted. The plaintiff's wife, the passenger, suffered a severe fracture of her right arm. Vencill suffered bruises and abrasions.
Result
The defendant was not negligent and did not cause the accident.
Other Information
Judge Fasing ruled that the defendant was not entitled to a pro rata liability defense with regard to the personal injury claim by the plaintiff wife. Further, he ruled that, with regard to the claim for property damage to the VencillsÆ jointly owned pickup (which was totalled), each plaintiff was entitled to claim one half of the value of the truck, and that plaintiffÆs negligence, if any, was neither imputed to plaintiff wife under comparative negligence principles, nor applicable under pro rata liability principles, to reduce her property claim.
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