Klatka v. Barker - Colorado Supreme Court

Klatka v. Barker

By Colorado Supreme Court

  • Release Date: 1951-12-24
  • Genre: Law

Description

Plaintiffs, in their complaint, alleged in substance that on October 25, 1948 defendants son, Earl Klatka negligently drove defendants automobile against another vehicle at a highway intersection; that plaintiffs son, Garold B. Barker, Jr., age 14 years, was riding in the Klatka car and was killed in the accident. Plaintiffs prayed for $5,000 damages. Defendant, by answer, denied negligence; alleged that Garold B. Barker, Jr. was a nonpaying passenger and guest in defendants automobile, and that the negligence of the driver of defendants car, if any, did not amount to a willful and wanton disregard of the rights of others. By replication plaintiffs denied their son was a nonpaying passenger and guest in defendants car, and charged the driver of defendants car with willful and wanton disregard of the rights of others.