Stiles v. Arkansas Valley Adventures, LLC et al

Filing 41

RULING ON NEGLIGENCE PER SE re: 40 and 39 , signed by Judge Richard P. Matsch on 11/13/2009. (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-00454-RPM JAMES K. STILES, Plaintiff, v. ARKANSAS VALLEY ADVENTURES, LLC, Defendant. RULING ON NEGLIGENCE PER SE Upon consideration of the Plaintiff's Trial Brief in Support of the Negligence Per Se Claim based on violations of the Colorado Rivers Outfitter's Act and the regulations promulgated by the Board of Parks and Outdoor Recreation and the defendant's response, the Court concludes that the statute and regulations are analogous to OSHA regulations and should be considered as non-exclusive evidence of reasonable care in the commercial rafting industry in the same manner as that given to OSHA regulations in Scott v. Matlack, Inc., 39 P.3d 1160 (Colo. 2002). The jury instructions on common law negligence may include consideration of such evidence as being within the circumstances under which a reasonably careful person would or would not act. Dated: November 13, 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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