(DOWNLOAD) "Anderson V. Watson" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Anderson V. Watson
- Author : Colorado Supreme Court
- Release Date : January 23, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
We granted certiorari in Anderson v. Watson, 929 P.2d 6 (Colo. App. 1996), to determine whether the court of appeals correctly upheld the trial court's entry of a jury verdict in this automobile accident case. The respondent, Cindy S. Watson (Watson), the defendant in the trial court, conceded that she was at fault in causing the accident. In turn, Katrina L. Anderson (Anderson), the petitioner, who was injured as a result of the collision, admitted that she was not wearing an available seat belt at the time of the accident. The trial court instructed the jury on Watson's statutory defense that Anderson failed to mitigate her pain and suffering damages by not using her seat belt at the time of the accident. See Section 42-4-237(7), 11 C.R.S. (1997) (the seat belt defense). Although the jury awarded Anderson $640 in economic losses*fn1 -- lost wages not covered by Anderson's own insurance carrier -- it did not award Anderson compensation for non-economic damages (pain and suffering and loss of enjoyment of life). The trial court denied Anderson's motion for a new trial. Anderson appealed, arguing that, given the lack of evidence presented by Watson on the relationship between Anderson's injuries and her failure to wear a seat belt, the trial court erroneously instructed the jury on the seat belt defense. The court of appeals affirmed the trial court's decision.*fn2