Legal Opinion · Concurring in part, dissenting in part

Lira v. Davis

Supreme Court of Colorado

Decided July 13, 1992No. 91SC253Published

1Concurring in part, dissenting in partJustice Erickson

We granted certiorari to determine whether the prejudgment interest statute is applicable to exemplary damages and whether the comparative negligence statute applies to an award of exemplary damages.1

*247I concur with the majority that the prejudgment interest statute is not applicable to an award of exemplary damages. I also agree that exemplary damages are not subject to reduction by application of the comparative negligence statute for the reasons stated in the majority opinion. However, I disagree that exemplary damages are limited to the judgment for compensatory damages after reduction of…

2Cases cited6 opinions

  1. Leidholt v. District Court in and for City and County of DenverSupreme Court of Colorado · 1980
  2. Seaward Const. Co., Inc. v. BradleySupreme Court of Colorado · 1991
  3. City of Florence v. Board of Waterworks of PuebloSupreme Court of Colorado · 1990
  4. Jacobs v. Commonwealth Highland Theatres, Inc.Colorado Court of Appeals · 1986
  5. Bodah v. Montgomery Ward & Co., Inc.Colorado Court of Appeals · 1986

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