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Lui v. Barnhart

Date: 08-19-1999

Case Number: 95CV1999

Judge: Michael J. Watanabe

Court: District Court, Arapahoe County, Colorado

Plaintiff's Attorney: Woon Ki Lau of Lau & Choi, P.C., Denver, Colorado

Defendant's Attorney: James M. Bruce of Bruce & Logan, Denver, Colorado

Description:

Negligence action arising from a collision between
an automobile and a horse. As he was driving home at night, plaintiff's vehicle
collided with defendant's horse. The horse had escaped from its
corral and had wandered into the street.

Greenwood Village Municipal Ordinance 6.32.010 (Ordinance),
applicable here, requires that owners of animals "shall not fail"
to keep their animals physically confined or restrained.

At trial, based on the Ordinance and the horse's presence in
the road, plaintiff requested the trial court to instruct the
jury concerning negligence per se and res ipsa loquitur. The
court denied his request for an instruction on res ipsa loquitur,
but instructed the jurors that violation of the municipal
ordinance constituted negligence.

Outcome:

Defendant's verdict.

Plaintiff's Experts:

None

Defendant's Experts:

None

Comments:

Affirmed by the Colorado Court of Appeals. The date shown above is the date of the appellate court decision and not the trial date.

About This Case

What was the outcome of Lui v. Barnhart?

The outcome was: Defendant's verdict.

Which court heard Lui v. Barnhart?

This case was heard in District Court, Arapahoe County, Colorado, CO. The presiding judge was Michael J. Watanabe.

Who were the attorneys in Lui v. Barnhart?

Plaintiff's attorney: Woon Ki Lau of Lau & Choi, P.C., Denver, Colorado. Defendant's attorney: James M. Bruce of Bruce & Logan, Denver, Colorado.

When was Lui v. Barnhart decided?

This case was decided on August 19, 1999.