(Download) "Leppke v. Segura" by Colorado Court of Appeals No. 80CA1131 # Book PDF Kindle ePub Free
eBook details
- Title: Leppke v. Segura
- Author : Colorado Court of Appeals No. 80CA1131
- Release Date : January 06, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Opinion by JUDGE STERNBERG The issue in this appeal is whether one who voluntarily jump-starts an automobile for an obviously intoxicated person can be held liable to third persons for injuries sustained in a collision occurring shortly thereafter between their vehicle and the inebriated person's car which was being operated in a reckless manner. We conclude that liability may exist, and therefore, reverse the trial court's entry of summary judgment in favor of the defendants. The pleadings and affidavits of the parties revealed the following facts. Shortly before midnight, one Verrill entered a bar owned and operated by defendant McNeely and asked to buy a drink. Discerning that Verrill was drunk, McNeely refused to serve him. When Verrill left the bar he discovered that his car would not start. He returned to the bar and at his request, McNeely had an employee provide a jump-start for the vehicle. Verrill drove away, parked, and entered another tavern where, once again, he was refused service. He returned to his car and again it would not start. Verrill requested the second tavern owner to jump-start the car, but the request was refused. He returned to the lot in which his car was parked, and encountered defendant Segura who owned and operated a third tavern, which had just been closed. Verrill asked him for a jump-start and Segura, using his own cables, complied.