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City of Westminster v. Centric-Jones Constructors9/11/2003
ongful termination claim. The jury answered "yes" to question 2, which dealt with Jones' failure to pay claim. The jury left question 3 blank, the amount of damages for wrongful termination, and in question 4 awarded Jones damages of $966,178 for the City's failure to pay.
Because the form instructed the jury to go directly to question 3 if it answered question 1 "yes," the jury's "yes" answer to question number 2 is consistent with the jury having decided to answer question 1 "no." A conclusion that the jury intended to answer "no" to question 1 is also supported by the fact that the jury did not award damages to Jones under question 3. Finally, even if the jury had intended to answer "yes" to question 1, this error is harmless to the City because the jury awarded no damages under question 3.
Accordingly, we discern no basis for reversal in either the instructions or the verdict forms.
VII. Directed Verdict for Fischbach and Reliance
When the trial court directed a verdict in favor of Jones, it necessarily also directed a verdict in favor of Fischbach and Reliance on Jones' indemnity claims. Because we uphold the directed verdict for Jones, we also uphold the judgments for Fischbach and Reliance on Jones' indemnity claims and the award of costs to both of them.
VIII. Award of Costs to Defendants
Finally, the City argues that the trial court erred in its award of costs to defendants. We disagree.
The prevailing party is entitled to recover costs under §§ 13-16-104, -105, and -113, C.R.S. 2002. If a party prevails in part, "an award of costs is committed to the sole discretion of the trial court." Montemayor v. Jacor Communications, Inc., 64 P.3d 916, 925 (Colo. App. 2002); see § 13-16-108, C.R.S. 2002.
The trial court determined that Bates and Jones were the prevailing parties. Bates prevailed on the sole claim against it. Jones recovered substantial damages from the City on its counterclaim.
The parties make no specific arguments in their briefs regarding the award of costs beyond preserving their respective positions in the event that we reversed the trial court's holdings. Because we affirm the trial court, we perceive no basis on which to disturb the trial court's discretionary award of costs.
Judgment affirmed.
JUDGE CASEBOLT and JUDGE PLANK concur.
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