Legal Opinion
Malpica-Cue v. Fangmeier
Colorado Court of Appeals
Decided April 6, 2017No. Court of Appeals 16CA0164Published
1Opinion of the Court
Opinion by
JUDGE J. JONES
¶ 1 Defendant, Benjamin A. Fangmeier, appeals the district court’s order denying his motion to decrease the amount of damages awarded at trial based on an affidavit from the jury foreman asserting that the jury entered a number by mistake on the special verdict form. Construing a 2007 amendment to CRE 606(b), we vacate the order and remand the case.
I. Background
¶ 2 Plaintiff, Adrian Malpica-Cue, sued Mr. Fangmeier for damages resulting from a car accident. After a trial, the jury filled out Special Verdict Form B, answering “Yes” to the following two questions: (1)…
2Cases cited22 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Pena-Rodriguez v. ColoradoSupreme Court of the United States · 2017
- Craig Outdoor Advertising, Inc. v. Viacom Outdoor, Inc.Court of Appeals for the Eighth Circuit · 2008
- United States v. Frederick Leon Dotson, and Reginald OwensCourt of Appeals for the Fifth Circuit · 1987
- United States v. Frederick Leon Dotson, and Reginald OwensCourt of Appeals for the Fifth Circuit · 1987
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