 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bigby v. Big 3 Supply Co.6/13/1996
egligent infliction of emotional distress can be premised solely upon a violation of the ADA. We note only that, if Bigby does pursue a claim for negligent infliction of emotional distress on remand along with his ADA claim, he may only be compensated once for the emotional distress he suffered as a result of being fired because of his perceived disability.
3. Interest
Bigby also argues that the trial court erroneously failed to grant his motion for statutory interest on the jury verdicts under § 13-21-101, C.R.S. (1987 Repl. Vol. 6A). Defendants did not oppose Bigby's motion for statutory interest on the tort claims, but the trial court never addressed it and it was deemed denied by operation of law. C.R.C.P. 59(j).
On appeal, however, defendants claim that Bigby is not entitled to interest because he did not suffer a personal injury .
Initially, we note that Bigby does not assert his CADA claim is a personal injury claim for the purposes of statutory interest under § 13-21-101, C.R.S. (1987 Repl. Vol. 6A). He seeks only interest on the awards for outrageous conduct and negligent infliction of emotional distress.
Although we agree with Bigby that these torts do involve personal injury , see Landsberg v. Hutsell, 837 P.2d 205 (Colo. App. 1992), nevertheless, because we have held that defendants are entitled to judgment notwithstanding the verdict on these two tort claims, the trial court's failure to add statutory interest is now moot.
III.
Both sides disagree on the scope of the remand for further proceedings on the ADA claim and, since this issue is likely to arise, we address it here.
Bigby contends that since the ADA and CADA employ the same definitions of disability and discrimination, the trial court's finding of discrimination on the CADA claim collaterally estops the defendants from contesting liability under the ADA. According to Bigby, if he can establish the jurisdictional threshold, the new trial should be limited to compensatory and punitive damages only. He also asks for attorney fees and costs available under the ADA.
Defendants argue that any new trial on the ADA claim should be a full trial on the merits so they can have an opportunity to present their defenses. We agree with defendants.
Bigby seeks punitive damages on remand which are available under the ADA. See 42 U.S.C. § 1981a(b) (1994). In order to determine whether defendants' conduct merits an award of punitive damages, the jury will have to consider all the facts to determine the culpable quality of that conduct. Hence, we conclude that Bigby's claims are incompatible with a damages-only trial. Thus, if the trial court reinstates the ADA claim, a full trial of Bigby's ADA claim on the merits is required. See Boulder Valley School District R-2 v. Price, 805 P.2d 1085 (Colo. 1992).
The judgments are reversed and the cause is remanded for further proceedings consistent with this decision.
JUDGE HUME and JUDGE KAPELKE concur.
Disposition
JUDGMENTS REVERSED AND CAUSE REMANDED WITH DIRECTIONS
|