Summary
The Colorado Supreme Court affirmed a jury verdict for the insured in a dispute over medical payments coverage under an auto insurance policy. The court held that the trial court properly excluded divorce-related documents offered for impeachment because they were irrelevant to the issues defined in the pre-trial order. The evidence was sufficient to support the jury's finding that the insured's injuries resulted from the automobile accident.
Holdings
- The trial court properly excluded the exhibits because they were irrelevant and immaterial to the issues to be tried; a party may not be impeached on collateral or immaterial matters.
- The trial court properly denied the motion for directed verdict because the evidence, including the doctor's testimony that something happened between June 17 and June 18 and that trauma could aggravate a weak back, was sufficient to support a jury finding that Opal sustained injuries in the accident.
Questions Presented
- Whether the trial court erred in refusing to admit divorce-related documents offered for impeachment.
- Whether the evidence was sufficient to submit to the jury the question of whether Opal sustained bodily injuries in the automobile accident, and thus whether directed verdict was properly denied.
Disposition
affirmed
Cases Cited (4)
- Torris v. The People, 19 Colo. 438, 36 Pac. 153 (Colo. 1894)(cited)
- Mitsunaga v. The People, 54 Colo. 102, 129 Pac. 241 (Colo. 1912)(cited)
- Gizewski v. People, 78 Colo. 123, 239 Pac. 1026 (Colo. 1926)(cited)
- Denver Tramway Co. v. Owens, 20 Colo. 107, 36 Pac. 848 (Colo. 1894)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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