Rhea v. Green

• Decision Date: 10 November 1970
• Docket Number: Nos. 70--377,23775,s. 70--377
• Citation: 29 Colo.App. 19,476 P.2d 760
• Parties: , 51 A.L.R.3d 1222 Miles C. RHEA, Plaintiff in Error, v. Homer GREEN, Defendant in Error. . I
• Court: Colorado Court of Appeals

Page 760

476 P.2d 760

29 Colo.App. 19, 51 A.L.R.3d 1222

Miles C. RHEA, Plaintiff in Error, v.Homer GREEN, Defendant in Error.

Nos. 70--377, 23775.

Colorado Court of Appeals, Div. I.

Nov. 10, 1970.

Burnett, Watson, Horan & Hilgers, Myron H. Burnett, Denver, for plaintiff in error.

Kripke, Hoffman, Carrigan & Dufty, P.C., Daniel S. Hoffman, Denver, for defendant in error.

DUFFORD, Judge.

This case was originally filed in the Supreme Court of the State of Colorado and was subsequently transferred to the Court of Appeals under the authority vested in the Supreme Court.

The parties are here in reverse of their trial court positions.In the trial courtthe plaintiff, Homer Green, sought damages for injuries he suffered in a collision between two police cars at an intersection controlled by traffic signals.Both police cars were in pursuit of the defendant, Miles C. Rhea.It is uncontradicted that prior to the accident Rhea had violated numerous traffic ordinances and was fleeing from arrest.Green, a police officer, was a passenger in one of the police vehicles involved in the collision.At the close of the evidence, the trial court directed a verdict in favor of the plaintiff on the liability issue, and following the jury award of damages, the defendant filed this appeal.

The defendant contends that plaintiff's failure to warn the driver of the other police car involved in the collision via radio of the position of the car occupied by the plaintiff raised an issue of contributory negligence which should have been submitted ot the jury.

The evidence discloses that plaintiff did use the radio on several occasions, but not during a short interval prior to the collision.The trial court concluded that, because of the high speeds of the police vehicles, plaintiff's use of the radio at the particular time in question could not have averted the accident and did not present an issue of contributory negligence.Regardless of the causation issue involved, we know of no legal basis upon which the failure of a police officer, involved in a high-speed automobile chase, to constantly advise others involved in the chase of his car's minute-by-minute position could be deemed an imprudent act and, consequently, evidence of negligence.Defendant was also unable to direct us to any authority indicating that such omission might constitute evidence of negligence.We agree with the trial court that this aspect of the case presented no evidence of contributory negligence which required jury consideration.

Defendant next contends that one of the police cars entered the intersection against a red light and in a manner which violated a municipal traffic ordinance, which ordinance was...