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Damages

Damages

Injured in a Colorado auto accident  or in Wyoming?  Juries have wide discretion in awarding an amount of money to make up for what happened.  “[A] jury’s verdict will not be disturbed if there is any support for it in the record.”   Blood v. Qwest Services Corp., 224 P.3d 301, 325 (Colo. App. 2009), aff’d  252 P.3d 1071 (Colo. 2011)(internal citations omitted).

When trial judge makes a finding that verdict is excessive due to jury’s bias, prejudice, or passion, a new trial must be granted on all issues. Marks v. District Court, 643 P.2d 741, 744 (Colo. 1982). Damages award in personal injury cases may not be set aside unless award is either grossly and manifestly excessive or grossly and manifestly inadequate.  Burns v. McGraw-Hill Broadcasting Co., Inc., 659 P.2d 1351. 1356  (Colo. 1983)

Arbitration Awards. Collateral Estoppel. If traditional collateral estoppel test has been met, principles of collateral estoppel preclude relitigation of issues decided in arbitration proceeding, including awards for actual damages. Quist v. Specialties Supply, 12 P.3d 863, 866  (Colo. App.  2000). Collateral estoppel test precludes relitigation of an issue decided at arbitration proceeding when: 1) issue is identical to issue actually determined in prior proceeding; 2) party against whom estoppel is asserted was a party to or was in privity with party to prior proceeding; 3) there is final determination on merits of issue in prior proceeding; and 4) party against whom estoppel is asserted had full and fair opportunity to argue issue in prior proceeding.  Guaranty Nat’l Ins. Co. v. Williams, 982 P.2d 306, 308 (Colo. 1999); Dale v. Guaranty Nat’l Ins. Co., 948 P.2d 545, 549-50 (Colo. 1997).