 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Shelter Mutual Insurance Co. v. Tam5/20/1991
had the burden to prove that it was only liable for a portion of the claimed medical expenses. The jury found that Shelter did not carry its burden. In the special verdict form, the jury found all of the claimed expenses were attributable to the second accident. Question and answer number 3 read as follows:
(3) Were the expenses for the chiropractic services rendered to the plaintiff caused by the accident of August 5, 1985? (yes or no)
ANSWER: Yes.
Thus, the jury found that Shelter was liable for the entire amount of unpaid expenses incurred by Tam from the date of the second accident. Cf. Empire Casualty Co. v. St. Paul Fire and Marine Ins. Co., 764 P.2d 1191 (Colo. 1988) (without evidence of apportionment of loss, insurance company was held liable for total judgment). Accordingly, the court should have determined the amount of treble damages by using the total amount of unpaid damages, $8,311.78, as its base.
Rather than being held 100 percent liable as the jury found, Shelter's liability for treble damages is reduced by nearly one-half under the majority's approach. Shelter's conduct was found to be willful and wanton but Tam's victory is gutted. By this decision, Shelter is rewarded for its failure to obtain an express agreement on the relationship of the setoff to the treble damages and its failure to have the jury instructed on apportionment.
I would affirm the decision reached by the court of appeals.
Page 1 2 3 4 5 Colorado Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|