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Kepley v. Un Son Kim11/5/1992
neconomic damages and zero dollars in economic damages but mistakenly filled in the wrong blanks. However, because the jury verdict was by special verdict form, we cannot assume that its intent was other than was expressed.
Finally, in reaching our Conclusion that the jury's verdict of $3,000 for economic losses was inconsistent with a zero award for noneconomic damages, we do not imply that there are not other circumstances in which a jury might award economic damages without noneconomic damages. Nor do we imply that on retrial, the jury is required to bring in an award for any damages. However, here, since the award of economic damages is necessarily for the treatment and alleviation of pain, the refusal to award noneconomic damages for pain and suffering cannot stand.
Insofar as plaintiff argues that a retrial on all issues, rather than a retrial on damages alone, is warranted, we disagree.
C.R.C.P. 59(a) provides that a new trial may be granted on "all or part of the issues" so long as the issue to be retried is entirely distinct and separable from the other issues involved in the case and the partial retrial can be had without inJustice to any party. See Bassett v. O'Dell, 178 Colo. 425, 498 P.2d 1134 (1972).
We have concluded that there was no error regarding the issue of liability. And, a determination of how much plaintiff has suffered in damages is distinct and separable from the issue of who caused his injuries. Under these circumstances, a limited remand is proper.
The judgment as to the issue of liability is affirmed. The judgment as to the issue of damages is reversed, and the cause is remanded to the trial court for a retrial on damages.
CHIEF JUDGE STERNBERG and JUDGE NEY concur.
Disposition
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS
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