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Greenemeier V. Spencer

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eBook details

  • Title: Greenemeier V. Spencer
  • Author : Colorado Supreme Court
  • Release Date : January 02, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

We granted certiorari to review the judgment of the Colorado Court of Appeals in Greenemeier v. Spencer, 694 P.2d 850 (Colo. App. 1984). That court upheld the judgment of the Jefferson County District Court reducing to zero the compensatory damages awarded by a jury to the plaintiffs in a personal injury case. The reduction was based on a setoff for a payment received by the plaintiffs in settlement from the defendant's joint tortfeasors prior to trial. This case also presents the question of whether a jury should be told of the fact of such a settlement and, if so, of the amount. We conclude that the trial court properly reduced the plaintiffs' compensatory damages. In addition, we hold that absent special circumstances a jury should be informed of the fact of settlement, but not the amount. In this case, however, the trial court's decision not to tell the jury of the settlement was not reversible error. Therefore, we affirm the judgment of the court of appeals.


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