First Nat. Bank of Canon City v. Campbell

This is a case in which the trial court, after a verdict was returned, sua sponte, granted a new trial on the ground that a necessary jury instruction had been omitted notwithstanding counsel’s failure to object to the instructions given. The court of appeals held that the trial court erred in basing its order for a new trial on the inadequacies of the instructions. See First National Bank of Canon City v. Campbell, 41 Colo. App. 406, 589 P.2d 501 (1979). We granted certiorari and reverse the judgment of the court of appeals.

Plaintiff-Petitioner (Bank) commenced this action against…