Mortgage Finance, Inc. v. Podleski

VOLLACK, Justice.

We granted certiorari to review the court of appeals’ decision in Podleski v. Mortgage Finance, Inc., 709 P.2d 18 (Colo.App.1985), to consider whether exemplary damages may be awarded in a breach of contract action as a matter of law. The court of appeals held that exemplary damages may be recovered in a breach of contract action. We disagree, based upon our interpretation of the exemplary damages statute, section 13-21-102, 6 C.R.S. (1973). Accordingly, we reverse.

I

The respondent, Dr. Wojciech K. Podle-ski [hereinafter Dr. Podleski], filed a complaint in the Denver District…