exemplary damages claim (Colorado) · Go Syfert
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exemplary damages claim in Colorado

6 Colorado opinions name it 2 courts 1984–2025 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Andrikopoulos v. Broadmoor Management Co.green
coloctapp · 1983 · cited in 1 Colorado opinions naming this issue, 1985–1985
1 sentence

1985See Andrikopoulos v. Broadmoor Management Co., 670 P.2d 435 (Colo.App.1983).

11
Charles F. Curry and Company v. Hedrickgreen
mo · 1964 · cited in 1 Colorado opinions naming this issue, 1984–1984
2 sentences

1984In recognition of this standard of relevancy, courts have acknowledged that "[e]vidence of other acts of defendant than those alleged and for which damages are sought, both preceding as well as following the particular acts, is admissible under an issue of exemplary damages if so connected with the particular acts as tending to show defendant's disposition, intention or motive in the commission of the particular acts for which damages are claimed." Charles F. Curry and Co. v. Hedrick, 378 S.W.2d 522, 536 (Mo.1964).

1984In recognition of this standard of relevancy, courts have acknowledged that “[ejvidence of other acts of defendant than those alleged and for which damages are sought, both preceding as well as following the particular acts, is admissible under an issue of exemplary damages if so connected with the particular acts as tending to show defendant’s disposition, intention or motive in the commission of the particular acts for which damages are claimed.” Charles F. Curry and Co. v. Hedrick, 378 S.W.2d 522, 536 (Mo.1964).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ferrer v. Okbamicael red
colo · 2017
1 sentence

2025Second, “[e]xemplary damages do not present a separate, distinct cause of action, but rather, depend on an underlying claim for actual damages.” Ferrer v. Okbamicael, 2017 CO 14M, ¶ 44 , 21 superseded by statute on other grounds, Ch. 147, sec. 1, § 13-21- 111.5(1.5)(c), 2021 Colo. Sess.

12025–2025
Pletchas v. Von Poppenheim green
colo · 1961
2 sentences

1987Unnecessary repetition in charges to the jury is bad practice and is to be ■ avoided, Pletchas v. Von Poppenheim, 148 Colo. 127 , 365 P.2d 261 (1961); however, it is not, on its face, reversible error unless it reasonably appears that the jury was misled.

1987Unnecessary repetition in charges to the jury is bad practice and is to be ■ avoided, Pletchas v. Von Poppenheim, 148 Colo. 127 , 365 P.2d 261 (1961); however, it is not, on its face, reversible error unless it reasonably appears that the jury was misled.

11987–1987
Frick v. Abell green
colo · 1979
2 sentences

1986There is seeming tension between this description of the exemplary damages standard as it relates to "wanton and reckless disregard” and the more demanding requirement also appearing in Frick v. Abell that exemplary damages are justified when the injury-producing act was performed "with such a wanton and reckless disregard of [the plaintiff's] rights as evidence a wrongful motive.” 198 Colo, at 511, 602 P.2d at 854 .

1986There is seeming tension between this description of the exemplary damages standard as it relates to "wanton and reckless disregard" and the more demanding requirement also appearing in Frick v. Abell that exemplary damages are justified when the injury-producing act was performed "with such a wanton and reckless disregard of [the plaintiff's] rights as evidence a wrongful motive." 198 Colo. at 511 , 602 P.2d at 854 .

11986–1986
Palmer v. AH Robins Co., Inc. green
colo · 1984
1 sentence

1985Robins Co., supra, noted that: “ ‘[EJvidence of other acts of defendant than those alleged and for which damages are sought, both preceding as well as following the particular acts, is admissible under an issue of exemplary damages if so connected with the particular acts as tending to show defendant’s disposition, intention or motive in the commission of the particular acts for which damages are claimed.’ ” This evidence was relevant to plaintiffs’ claim for exemplary damages.

11985–1985

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 13-21-102 (6) CO § Colo. Rev. Stat. § 13-25-127 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 12 (2000–2024) CO 6 (1984–2025) WY 2 (1972–1977)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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