Vickery v. Evans

266 P.3d 390, 2011 Colo. LEXIS 931, 2011 WL 6145077
CourtSupreme Court of Colorado
DecidedDecember 12, 2011
DocketNo. 10SC281
StatusPublished
Cited by1 cases

This text of 266 P.3d 390 (Vickery v. Evans) 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
Vickery v. Evans, 266 P.3d 390, 2011 Colo. LEXIS 931, 2011 WL 6145077 (Colo. 2011).

Opinions

Justice COATS

delivered the Opinion of the Court.

Monica Vickery petitioned for review of the court of appeals judgment affirming the district court's reduction of exemplary damages in her defamation suit against the mother and sister of her deceased husband. See Vickery v. Vickery, 271 P.3d 516, 2010 WL 963204 (Colo.App.2010). Both the district court and court of appeals understood section 13-21-102 of Colorado's revised statutes to limit Vickery's exemplary damages to an amount equal to the compensatory damages figure returned by the jury, before any adjustment for prejudgment interest.

Because "the amount of the actual damages awarded," to which "reasonable exemplary damages" are statutorily limited, refers not to the jury's assessment of total compensatory damages but to the compensatory damages awarded against the defendant as the direct result of that assessment, which necessarily include statutorily mandated prejudgment interest, the judgment of the court of appeals is reversed and the case is remanded for further proceedings consistent with this opinion.

[392]*392L.

After the death of her husband and contentious litigation concerning the disposition of his property, Monica David Vickery filed suit against her deceased husband's mother and sister for malicious prosecution and defamation.1 At the conclusion of a ten-day trial, the jury returned verdicts for the plaintiff on one claim of malicious prosecution and multiple claims of defamation, finding exemplary damages in excess of compensatory damages on a number of the defamation claims. As pertinent to the issue before this court, the plaintiff argued in her motion for entry of judgment that the district court was obligated to add statutorily mandated prejudgment interest to the jury's assessment of compensatory damages in order to determine the "actual damages" to which exemplary damages would be statutorily limited.

Implicitly denying the plaintiff's motion, the district court entered judgment for exemplary damages on each of the claims in an amount equal only to the compensatory damages assessed by the jury, without further adjustment. It then added prejudgment interest to the amount of compensatory damages assessed by the jury, solely for the purpose of determining the plaintiff's full compensatory damages award.

The court of appeals affirmed, reasoning that because "reasonable exemplary damages" are statutorily precluded from exceeding the amount of "actual damages," for the trial court to have included prejudgment interest in the caleulation of "actual damages" would have been tantamount to allowing prejudgment interest on the exemplary damages themselves and would conflict with our holdings in Lira v. Davis, 832 P.2d 240, 246 (Colo.1992), and Seaward Constr. Co. v. Bradley, 817 P.2d 971, 979 (Colo.1991).

Vickery petitioned for review of the court of appeals judgment in this regard.

II.

In its statutory scheme regulating civil damages in this jurisdiction, the legislature continues to permit awards of exemplary damages in certain kinds of cases and under certain cireumstances, but since 1986, even in those cases, exemplary damages have been limited to an amount equal to the amount of the actual damages awarded to the injured party. See § 18-21-102, CRS. (2011).2 With regard to actions to recover damages for negligence resulting in death or injury to person or property, the legislature also limits a defendant's liability for damages in proportion to the negligence of the victim. See § 18-21-111, C.R.S. (2011) (comparative negligence). Similarly, in all actions brought as the result of death or injury to a person or property, the legislature limits an individual defendant's liability for damages to the injury or damage actually resulting from his own fault by requiring an assessment of the damage produced through the fault of others, as distinguished from the defendant. See § 13-21-111.5, C.R.S. (2011) (pro rata liability).

In Lira, we found that the "damages" to which the comparative negligence and pro rata liability provisions apply do not include exemplary damages. 832 P.2d at 246. We reasoned there that it is only compensatory damages that sections 13-21-111 and 111.5 operate to reduce in proportion to assigned fault, such that a negligent plaintiff remains responsible for an amount of incurred actual damages in proportion to the fault assigned to him, and each defendant is liable only for that percentage of the total actual damages apportioned to him in accordance with his fault. Id. at 242. By contrast, exemplary, or punitive, damages are imposed to punish and [393]*393set an example rather than to compensate the injured party for the wrong done. Id. at 243; Seaward, 817 P.2d at 975.

In Lira, however, we also found that when the legislature tied exemplary damages to actual, or compensatory, damages, it intended only those compensatory damages for which the defendant was himself responsible-not all damages actually sustained by the victim where some portion of those damages was the fault of the victim himself or someone else. 832 P.2d at 246. Therefore, while exemplary damages, in contrast to compensatory damages, are not directly reduced in proportion to the comparative negligence of the victim or the pro rata liability of other parties, "actual damages," the upper limit at which exemplary damages are capped, have already been reduced, according to the dictates of sections 13-21-111 and 111.5, to reflect only those compensatory damages for which the defendant is personally liable.

The legislature separately provides for the addition of interest, calculated at a specified rate, to the amount of damages assessed in actions to recover for personal injuries sustained as the result of tortious conduct. See § 13-21-101, C.R.S. (2011).3 In the context of a cause of action accruing prior to the imposition of any statutory cap on exemplary damages, we considered the applicability of section 101 to section 102(1)(a), the exemplary damages provision, and concluded that the legislature had authorized prejudgment interest only for compensatory damages. Seaward, 817 P.2d at 976. Reasoning that the addition of prejudgment interest to compensatory damages recognizes that the loss caused by the tortious conduct occurred at the time of the resulting injury but that the damages paid to compensate for that loss are not received by the injured party until later, we concluded that allowing prejudgment interest on compensatory damages is necessary to make the plaintiff whole. Id. at 975; see also Allstate Ins. Co. v. Starke, 797 P.2d 14, 19 (Colo.1990). The same could not, however, be said of exemplary, or punitive, damages, which are awarded to punish the wrongdoer and deter similar acts rather than to compensate the victim for his injuries. Seaward, 817 P.2d at 975.

Less than a year later, this time in the context of a cause of action accruing after the amendment of section 13-21-102(1)(a) to include a cap on exemplary damages, we reaffirmed Seaward's conclusion that it would be inconsistent with the compensatory purposes of section 13-21-101 to allow prejudgment interest on exemplary damages. See Lira, 832 P.2d at 246.

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266 P.3d 390, 2011 Colo. LEXIS 931, 2011 WL 6145077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vickery-v-evans-colo-2011.