Cope v. Vermeer Sales & Service of Colorado, Inc.

TURSI, Judge.

Plaintiff, Wayne Cope, appeals the trial court’s order granting defendant’s in limine motion to prohibit evidence of lost anticipated net profit. Plaintiff sought to introduce this evidence to establish special consequential damages flowing from defendant’s negligence, which negligence plaintiff claims caused him to lose the benefits of a business venture. We reverse.

Plaintiff was developing a new business of selling specimen trees on a wholesale and retail basis. In October 1979, he rented a tree spade from defendant. He also hired defendant to install new tires on a trailer to…