Morris v. Goodwin

185 P.3d 777, 2008 WL 2169434
CourtSupreme Court of Colorado
DecidedMay 27, 2008
Docket06SC558
StatusPublished
Cited by18 cases

This text of 185 P.3d 777 (Morris v. Goodwin) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. Goodwin, 185 P.3d 777, 2008 WL 2169434 (Colo. 2008).

Opinions

Justice RICE

delivered the Opinion of the Court.

This case presents a question of statutory interpretation as to how a trial court should calculate interest on a personal injury damages award under section 13-21-101, C.R.S. (2007), when the damages awarded by the jury exceeds the Colorado Health Care Availability Act's ("the HCAA") statutory cap on noneconomic damages.1 See § 13-64-802(1)(b), C.R.S. (2007) (capping noneconomic damages at $250,000). The court of appeals held that a court must calculate interest on the total award assessed by the jury, even when that amount was later reduced due to the statutory cap on noneconomic damages. Goodwin v. Morris, 159 P.3d 669, 672 (Colo.App.2006). We reverse that decision, holding that a trial court should calculate interest on the amount of the final judgment, regardless of the jury's determination.

I. Facts and Procedural History

This appeal is the result of a wrongful death action arising out of a medical malpractice case. Respondent Lynn Goodwin argues that her husband, Jack Duksin, died as a result of receiving negligent care from petitioner Dr. Dan H. Morris, a family physician.2 In March 1995, Duksin fractured his thumb while skiing, and he was slated for surgery to repair his thumb. His orthopedic surgeon ordered routine chest x-rays because there was a possibility that he would need a general anesthetic for the thumb surgery. The x-rays revealed an abnormal density in Duksin's lung, and the orthopedic surgeon recommended that Duksin see a primary care physician. Duksin saw Dr. Morris, a board-certified specialist in family practice, on March 80, 1995.

According to the complaint, Dr. Morris evaluated the x-rays and performed a physical examination, and ultimately told Duksin that he had a "clean bill of health." However, Dr. Morris testified that he told Duksin that there was a possibility that he had cancer, and he says he admonished Duksin to receive another x-ray in four to six weeks to follow up. According to Dr. Morris, Duksin reassured him that he would pursue the issue, but that he planned to do so with a different doctor in another area. Duksin never sought additional medical advice or treatment.

In May 1998, Duksin began to have pains in his chest, spine, flank, and back. In August of that year, he was diagnosed with primary cancer of the lung and metastatic cancer of the spine, pelvis, leg, liver, and brain, traceable to the primary cancer of the lung. He filed a lawsuit in October 1998, and died in November 1998.

After a six-day trial, a jury found that both Dr. Morris and Duksin had been negligent, and it determined that Dr. Morris was eighty-eight percent at fault, while Duksin was twelve percent at fault. It found that economic damages were $1,883,500 ($383,500 of which was for past damages, and $1,500,000 of which was for future losses). It awarded noneconomic damages of $1,116,500 (including $116,500 in past losses and one million dollars in future losses). The total jury award was thus three million dollars. The trial court reduced the noneconomic and economic damages by twelve percent to reflect the jury's finding of comparative negligence, such that the noneconomic damages totaled $982,520, the economic damages totaled $1,657,480, and both together equaled $2,640,000. The court then further reduced the noneconomic damages from $982,520 to $250,000 as required by the HCAA. See [779]*779§ 183-64-302(1)(b). Thus, the final judgment was entered for $1,907,480. The court found that prejudgment interest3 on that amount should be calculated on the amount of the judgment entered by the court after reducing the jury's verdiet pursuant to the HCAA cap on noneconomic damages ($1,907,480), rather than on the total amount assessed by the jury ($2,640,000).

Goodwin appealed, arguing in part that interest should have been calculated on the total jury verdiet amount, rather than on the reduced award ordered by the judge. The court of appeals agreed. Relying on the plain language of section 18-21-101(1), which governs the award of prejudgment interest in personal injury tort cases, it held that a court must calculate prejudgment interest "on the damages as awarded by the jury," which in this ease would be the full $2,640,000. Morris, 159 P.8d at 672. The court of appeals thus reversed the trial court's computation of prejudgment interest and remanded the case for new caleulations consistent with its opinion. Id. Dr. Morris appealed that decision.

II. Standard of Review

The interpretation of section 13-21-101(1) is a question of law. See People v. Rickman, 178 P.3d 1202, 1206 (Colo.2008). Thus, we review de novo the court of appeals' construction of that statute. See Robinson v. Colo. State Lottery Div., 179 P.3d 998, 1003 (Colo.2008).

We construe statutes to give effect to the intent of the General Assembly. Bostelman v. People, 162 P.3d 686, 689 (Colo.2007). To determine that intent, we look first to the plain language of the statute, reading the words and phrases in context and construing them according to their common usage. Id. at 690. Only when the language is ambiguous or capable of more than one meaning do we consider other aids of construction. Id.; Stamp v. Vail Corp., 172 P.3d 437, 442-443 (Colo.2007). In that cireumstance, we may consider, for instance, "the consequences of a given construction, the end to be achieved by the statute, and legislative history." Bostelman, 162 P.3d at 690.

III. Analysis

Section 13-21-101 describes the manner in which interest is to be calculated on personal injury damages. It states that when a plaintiff claims interest on damages, "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, or found by the court, interest on such amount" calculated at nine percent annually. § 13-21-101(1) (emphasis added). Goodwin and Dr. Morris disagree as to the proper interpretation of the statute. Dr. Morris asserts that the phrase, "or found by the court," permits a court to calculate interest on the final judgment awarded by the court after any reductions are made to comply with the HCAA cap. Goodwin and the court of appeals, however, interpret the phrase, "or found by the court," to refer only to a finding by a trial court in a bench trial. The court of appeals relied on the plain language of the statute, articulating its position this way:

First, in our view, the latter phrase "or found by the court" is clearly designed to cover the award of damages following a trial to the court sitting without a jury. Second, the reduced noneconomic damages following the application of the statutory cap are not damages "found by the court" but, rather, damages payable after the application of the cap.

Goodwin, 159 P.3d at 672.

Contrary to the court of appeals' holding, the meaning of section 13-21-101(1) is not plain and unambiguous, but rather contains more than one valid interpretation.

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Morris v. Goodwin
185 P.3d 777 (Supreme Court of Colorado, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
185 P.3d 777, 2008 WL 2169434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-goodwin-colo-2008.