BG's, Inc. v. Gross Ex Rel. Gross

B.G.'s, Inc., the defendant in the underlying wrongful-death action, sought review of the court of appeals' decision in Gross v. B.G.'s, Inc., 7 P.3d 1003 (Colo.App.1999), by writ of certiorari. The court of appeals reversed the district court's judgment in favor of B.G.'s, holding instead that the plaintiff, Marla Gross, the surviving spouse of the decedent, was entitled to judgment against B.G.'s and that the solatium award she elected in lieu of establishing noneconomic loss or injury was not subject to reduction by operation of comparative fault principles. Because the plain language of…