Pierce v. Wiglesworth

Opinion by

Judge METZGER.

In this personal injury, action against defendant, Richard' L. Wiglesworth, plaintiff, Erie J. Pierce, challenges the trial court’s interpretation of the proportionate fault statute, § 13-21-111.5(4), C.R.S. (1987 Repl.Vol. 6A), which provides that, when two or more persons “consciously conspire and deliberately pursue a common plan or design to commit a tortious act,” the tortfeasors shall be held jointly liable for the damages resulting from their actions. The trial court concluded that the defendant could not be held jointly liable under the statute for damages…