Smith v. Vincent

Opinion by

Judge ROTHENBERG.

In this wrongful death action, defendant, Edward Vincent, appeals the trial court's order and judgment in favor of plaintiff, Lo-yalle Smith (Smith), who filed this action as father and next of kin of the deceased minor child, Desirae Smith,. The sole issue on appeal is whether an award under Colorado's solatium statute, $ 18-21-208.5, C.R.8.2002, is subject to reduction by the amount a plaintiff receives from an insurance settlement with a former defendant. We conclude the solatium award is not subject to that reduction and therefore affirm.

This case arose out of…