 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Francis v. Dahl1/13/2005
ent with defendant in September 2000. The court also instructed the jury on how to separate damages if it found that the fall increased any injuries or damages caused by the earlier accident.
Plaintiff argues that the court erred in giving this instruction without evidence in the record that the subsequent fall caused a permanent worsening of her condition. However, neither the language of CJI-Civ. 4th 6:9 nor the cases on which that instruction is based require a showing of permanency to support an instruction on subsequent injury. See Brown v. Kreuser, 38 Colo. App. 554, 560 P.2d 105 (1977); Bruckman v. Pena, 29 Colo. App. 357, 487 P.2d 566 (1971); see also Guerrero v. Bailey, 658 P.2d 278 (Colo. App. 1982)(principles of CJI-Civ. 4th 6:9 not limited to subsequent accidents causing physical injury, but apply to other subsequent events as well, e.g., a job layoff).
Here, the record reflects some evidence of a later injury suffered by plaintiff that was not causally related to the accident involving defendant or to the conduct of defendant. Medical experts testified for both parties and expressed conflicting opinions on whether plaintiff's fall from the pommel horse increased her injuries caused by the accident with defendant. Because the evidence was sufficient to support the subsequent injury instruction and adequately formed a question of fact for the jury to decide, we perceive no error by the court in instructing the jury on subsequent injury.
Contrary to plaintiff's argument, Lascano v. Vowell, 940 P.2d 977 (Colo. App. 1996), does not require evidence of permanency. Lascano held the use of the word "aggravated" in a subsequent injury instruction may be ambiguous in certain circumstances without further definition. However, here, the instruction given by the trial court did not use the word "aggravated." It used the word "increased," which followed the language in CJI-Civ. 4th 6:9 and did not conflict with the holding in Lascano.
III.
Because the issue may arise again after a new trial on damages, we also address plaintiff's contention that the trial court erred in its calculation of interest on the judgment, pursuant to ยง 13-21-101(1), C.R.S. 2004. We agree.
Section 13-21-101(1), provides, in pertinent part:
n and after July 1, 1979, it is lawful for the plaintiff in the complaint to claim interest on the damages claimed from the date the action accrued. When such interest is so claimed, it is the duty of the court in entering judgment for the plaintiff in such action to add to the amount of damages assessed by the verdict of the jury . . . interest on such amount calculated at the rate of nine percent per annum . . . . On actions filed on or after July 1, 1979, the calculation shall include compounding of interest annually from the date such suit was filed. (Emphasis added.)
Statutory interpretation is a question of law that appellate courts review do novo. Bontrager v. La Plata Elec. Ass'n, 68 P.3d 555 (Colo. App. 2003). When construing statutes, a court's primary purpose is to effectuate the intent of the General Assembly. To determine that intent, courts look to the statutory language, giving words or phrases their commonly accepted meaning. Archibold v. Pub. Utils. Comm'n, 58 P.3d 1031 (Colo. 2002).
Section 13-21-101(1) plainly entitles plaintiff to prejudgment interest from the date her action accrued to the date judgment was entered, with such interest to be compounded annually from the date her complaint was filed. Mladjan v. Pub. Serv. Co., 797 P.2d 1299 (Colo. App. 1990); Smith v. JBJ Ltd., 694 P.2d 352 (Colo. App. 1984).
Compound interest is defined as "interest paid
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.
|
|