Blood v. Qwest Services Corp.

Judge RICHMAN

concurring in part and dissenting in part.

I agree with the majority's comprehensive opinion to the extent it affirms the liability of Qwest, the finding of no liability on the part of Xeel, and the judgment for actual damages. I also agree that the trial court's order increasing exemplary damages should be vacated, but write separately to express specific concerns about the application of Colorado's exemplary damages statute. I write separately in dissent because I believe the jury's award of exemplary damages also must be vacated.

I. The Jury's Award of Exemplary Damages

I concur…