FINNIGAN v. SANDOVAL

No. 78-515.

600 P.2d 123 (1979)

Arnold FINNIGAN, Plaintiff-Appellant, v. Mike SANDOVAL, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

September 6, 1979.


Attorney(s) appearing for the Case

John R. Naylor, Henry J. Geisel, Pueblo, for plaintiff-appellant.

Kintzele & Collins, James R. Collins, Denver, for defendant-appellee.


ENOCH, Chief Judge.

Plaintiff sued defendant for damages on the grounds of an alleged assault. In a trial to the court, the court denied relief to plaintiff on the basis that plaintiff was more negligent than defendant and that plaintiff's negligence was the proximate cause of his own injuries. Plaintiff appeals and we reverse.

Plaintiff's main contention is that the court erred when it applied the law of negligence instead of the law of intentional tort to...

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