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Hung Lui v. Terry Barnhart

Date: 08-19-1999

Case Number: 98CA1003

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: Bruce A. Logan of Bruce & Logan, Denver, Colorado

Description:

Negligence - Horse - Automobile Accident - 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 Sec. 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 loquitor. The court denied his request for instruction on res ipsa loquitor, but instructed the jurors that violation of the municipal ordinance constituted negligence.

Outcome:

Defendant's verdict.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

Affirmed by the Colorado Court of Appeals. See: 987 P.2d 942 (Colo.App. 1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by eab and kkm.

About This Case

What was the outcome of Hung Lui v. Terry Barnhart?

The outcome was: Defendant's verdict.

Which court heard Hung Lui v. Terry Barnhart?

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

Who were the attorneys in Hung Lui v. Terry Barnhart?

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

When was Hung Lui v. Terry Barnhart decided?

This case was decided on August 19, 1999.