Legal Opinion

Kirk v. Denver Publishing Co.

Supreme Court of Colorado

Decided September 23, 1991No. 88SA405PublishedCited by 66 opinions

1Opinion of the CourtJustice Quinn

This case involves a challenge to the constitutionality of section 13-21-102(4), 6A C.R.S. (1987), which was enacted in 1986 as part of tort-reform legislation and requires a party receiving an exemplary damages award to pay one-third of all such “damages collected ... into the state general fund.” 1 DeWayne C. Kirk filed a tort claim against Denver Publishing Company, *264doing business as The Rocky Mountain News, and was awarded a judgment for exemplary damages in the amount of $118,-980. In a post-trial motion Kirk unsuccessfully challenged the constitutionality of the one-third payment…

Also in this document: Dissent.

2Cases cited46 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  4. Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
  5. PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980

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3Cited by66 opinions

  1. Rimkus v. Islamic Republic of IranDistrict Court, District of Columbia · 2010
  2. Smith v. PrintupSupreme Court of Kansas · 1993
  3. Evans Ex Rel. Kutch v. StateAlaska Supreme Court · 2002
  4. HealthONE v. Rodriguez ex rel. RodriguezSupreme Court of Colorado · 2002
  5. Stamp v. Vail Corp.Supreme Court of Colorado · 2007

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