Guerrero v. Bailey

Decision Date28 October 1982
Docket NumberNo. 81CA0893,81CA0893
PartiesPete GUERRERO and Ruby Guerrero, individually and as next friends of Mark Guerrero, Ray Guerrero, and Donna Guerrero, Plaintiffs-Appellants, v. Katheryn BAILEY, Defendant-Appellee. . I
CourtColorado Court of Appeals

Chilson & Stanton, P.C., John H. Chilson, Loveland, for plaintiffs-appellants.

Madden & Strate, P.C., T.W. Norman, Michael J. Mirabella, Wheat Ridge, for defendant-appellee.

KELLY, Judge.

The trial court entered judgment for the Guerrero family in a negligence action arising from a truck-automobile collision. The trial court denied their motion for a new trial on the issue of damages, and they appeal. We affirm.

The Guerreros contend that the damages awarded them were manifestly inadequate and that Colo.J.I. 6:9 (2d ed 1980), applicable where the plaintiffs' injuries are aggravated by a subsequent injury, contributed to that result.

A new trial on the issue of damages may be granted:

"[i]f the verdict is manifestly inadequate, or so small in amount as to clearly and definitely indicate that the jury neglected to take into consideration evidence of ... injuries, pain and suffering, and resulting disability, if any; or if the record indicates that the jury was influenced by prejudice, passion or other improper consideration ...." Mince v. Butters, 200 Colo. 501, 616 P.2d 127 (1980).

Since the record discloses conflicting evidence on the extent of injuries suffered, the amount of damages is properly a function of the trier of facts, not an appellate court. Bohlender v. Oster, 165 Colo. 164, 439 P.2d 999 (1968); see Roth v. Stark Lumber Co., 31 Colo.App. 121, 500 P.2d 145 (1972).

The Guerreros also claim that inclusion of Colorado Jury Instruction 6:9 prejudiced the jurors into giving a smaller damage award where the only "subsequent injury" which could have aggravated the injuries suffered from the accident was a job layoff. We disagree.

Since the defendant introduced evidence that Pete Guerrero's layoff from the Monfort plant aggravated the emotional injuries caused by the collision of September 5, 1976, the instruction was warranted, even though the "subsequent injury" was not physical in nature. While the term "injury" has not been defined in jury instruction 6:9, the instruction clearly states that the plaintiff is entitled to recover for any injury or pain received in the accident, but not for any disability...

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9 cases
  • Hashimoto v. Marathon Pipe Line Co., s. 87-120
    • United States
    • Wyoming Supreme Court
    • January 6, 1989
    ...for Injured Person's Subsequent Injury or Reinjury, 31 A.L.R.3d 1000, 1003-04 (1970). In accord with our result, see Guerrero v. Bailey, 658 P.2d 278, 279 (Colo.App.1982), where the original and subsequent injuries were not physical in nature; Brown v. Kreuser, 38 Colo.App. 554, 560 P.2d 10......
  • Higgs v. District Court In and For Douglas County
    • United States
    • Colorado Supreme Court
    • December 2, 1985
    ...principles. E.g., Rugg v. McCarty, 173 Colo. 170, 476 P.2d 753 (1970); French v. Guyot, 30 Colo. 222, 70 P. 683 (1902); Guerrero v. Bailey, 658 P.2d 278 (Colo.App.1982); White v. Gates, 528 P.2d 982 (Colo.App.1974); Eiteljorg v. Bogner, 502 P.2d 970 Generally, evidence which is admissible f......
  • Garhart ex rel. Tinsman v. Columbia/Healthone, LLC
    • United States
    • Colorado Supreme Court
    • June 28, 2004
    ...treats a second event as unrelated to the first if the two are causally unrelated to the defendant's conduct. See, e.g., Guerrero v. Bailey, 658 P.2d 278 (Colo.App.1982) (emotional distress from automobile accident aggravated by subsequent job layoff); Bruckman v. Pena, 29 Colo.App. 357, 48......
  • Francis ex rel. Goodridge v. Dahl, No. 03CA0785.
    • United States
    • Colorado Court of Appeals
    • January 13, 2005
    ...v. Kreuser, 38 Colo.App. 554, 560 P.2d 105 (1977); Bruckman v. Pena, 29 Colo.App. 357, 487 P.2d 566 (1971); see also Guerrero v. Bailey, 658 P.2d 278 (Colo.App.1982)(principles of CJI-Civ. 4th 6:9 not limited to subsequent accidents causing physical injury, but apply to other subsequent eve......
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