MARKS v. DISTRICT COURT, ETC.

No. 81SA431.

643 P.2d 741 (1982)

Galen MARKS, Robert R. Larsen, John Vowell, and Brighton Community Hospital Association, Petitioners, v. The DISTRICT COURT In and For the SEVENTEENTH JUDICIAL DISTRICT OF the STATE of Colorado, and the Honorable Marvin W. Foote, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 29, 1982.


Attorney(s) appearing for the Case

Pryor, Carney & Johnson, Thomas L. Roberts, Englewood, Plaut & Lipstein, P. C., Frank Plaut, Lakewood, Quiat, Dice & Associates, Stephen D. Dawson, Denver, for petitioners.

Donald E. Tyler, pro se.


LEE, Justice.

In this original proceeding under C.A.R. 21, the petitioners (defendants in the trial court) seek a writ of prohibition restraining the respondent district court from proceeding with a new trial on the single issue of damages rather than a new trial on all issues. The trial court had found that the jury verdict was excessive due to jury bias, prejudice, and passion. The court ordered a new trial on the issue of damages only unless the plaintiff would...

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