Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cv-00591-MSK-BNB

Document 167-3

Filed 07/18/2005

Page 1 of 1

INSTRUCTION NO._____1 Plaintiff had no duty or right to control the actions of the driver of the vehicle which she occupied nor did she have a duty or right to control the actions of the other passengers of the car she occupied. Lego v. Schmidt, 805 P.2d 1119 (Colo. App. 1990)

Plaintiff tenders this instruction only if the Court determines that the issue of whether Chamberlain was negligent and/or Plaintiff was negligent reaches the jury. Plaintiff has requested that such evidence be stricken. Plaintiff has been unable to contact defense counsel regarding this instruction. Based upon Defendant's motions concerning the issue of comparative negligence and the negligence of Chamberlain, Plaintiff anticipates that Defendant will object to this instruction.

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