(Download) "Rodriguez V. Schutt" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rodriguez V. Schutt
- Author : Colorado Supreme Court
- Release Date : January 15, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
James Rodriguez was injured by broken glass on a storm door on the premises which he and his wife, Yolanda, rented from John W. Schutt. The Rodriguezes sued Schutt for negligence. A jury found Schutt 70% negligent and James Rodriguez 30% negligent. The jury awarded judgments to James Rodriguez for $275,000 and to Yolanda Rodriguez for $25,000. The court reduced these judgments to $192,000 and $17,500, respectively, due to James Rodriguez' comparative negligence. The trial court calculated interest at the nine-percent annual interest rate prescribed by section 13-21-101, 6A C.R.S. (1987). Schutt appealed. The Rodriguezes cross-appealed, challenging the operation of section 13-21-101 on statutory and constitutional grounds. The court of appeals affirmed the judgments and held that: (1) section 13-21-101 did not establish a floor on the rate at which interest accrues on a personal injury money judgment; and (2) section 13-21-101 did not violate equal protection.*fn1 The court of appeals remanded the case to the district court for recalculation of interest at the then-lower, market-determined interest rate pursuant to section 13-21-101. Rodriguez v. Schutt, 896 P.2d 881, 887 (Colo. App. 1994).
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