Opinion
Litvak, Litvak, Schwartz & Karsh, Larry Litvak, Denver, for plaintiffs-appellees.
Wood, Ris & Hames, Eugene S. Hames, Gary P. Sandblom, Denver, for defendants-appellants.
ENOCH, Judge.
The parties to this appeal appear in the reverse order of their appearance in the trial court. One of the plaintiffs below, Richard James Cabana, a minor, brought suit through his father and next friend, Richard C. Cabana, to recover damages for personal injuries allegedly sustained in a collision between a vehicle driven by the defendant, Louis Vigil, Junior, and another vehicle in which the plaintiff was a passenger. Richard C. Cabana also sued in his own behalf to recover amounts expended by him for medical and hospital treatment of his son. Louis Vigil, Sr., the owner of the vehicle driven by his son, Louis Vigil, Junior, was joined as a defendant. Trial was to a jury and a verdict was returned in favor of the plaintiffs.
The defendants have alleged a number of errors for our consideration. We find the first, which relates to certain testimony allowed over defendants' objection, dispositive of this appeal.
The testimony complained of was, in essence, that after the collision, Louis Vigil, Junior, stated that he did not want the police called because he only had a few more 'points' on his driver's license and if he got another ticket, he would lose it. In Carsell v. Edwards, 165 Colo. 335, 439 P.2d 33, almost identical testimony was elicited and held to be reversible error. On the basis of this precedent, we hold that it was error for the trial court to allow the testimony in the present case.
Judgment reversed and cause remanded for new trial.
SILVERSTEIN, C.J., and DWYER, J., concur.