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Anson v. Trujillo8/15/2002
Mr. Trujillo also argues that plaintiff failed to introduce evidence of significant emotional impact as a result of fraud. However, plaintiff testified that defendants' actions caused serious financial problems for him and his family. These problems caused him to worry about raising his six children because he did not know how he was going to "get out of the situation." He further testified that the financial problems "affected life, it affected sleep habits, it affected other jobs." Plaintiff's wife verified that the financial problems made plaintiff angry and caused them both "a lot of sleepless nights." Thus, some evidence was admitted that could support a finding of non-economic damages on this claim. See Margenau v. Bowlin, 12 P.3d 1214 (Colo. App. 2000)(if fact of damages is certain, jury can make reasonable estimate where there is some evidence of damage).
Therefore, the case must be remanded for determination of any non-economic damages that may be attributed to plaintiff's fraud claim. The parties are entitled to a new trial on this issue if either so chooses.
Accordingly, the judgment on the CCPA claim and the award of treble damages, attorney fees, and costs based on that claim are reversed. The judgment also is reversed to the extent it denies plaintiff's claim for non-economic damages on his fraud claim, and the case is remanded with directions to determine any non-economic damages that may be attributable to plaintiff's fraud claim and to reinstate the jury's award of exemplary damages. In all other respects the judgment is affirmed.
JUDGE MARQUEZ and JUDGE ROY concur.
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