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COOLEY v. BIG HORN HARVESTORE SYSTEMS

No. 84CA1415.

767 P.2d 740 (1988)

Robert COOLEY and Rita Cooley, d/b/a Cooley Dairy; Donald Weed; Ben Konishi, D.V.M.; Pamela Ann Konishi, Mark Konishi; and Jeffrey Konishi, Plaintiffs-Appellees and Cross-Appellants, v. BIG HORN HARVESTORE SYSTEMS, INC., a Colorado corporation, and A.O. Smith Harvestore Products, Inc., a Delaware corporation, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 11, 1988.

Certiorari Granted January 17, 1989.

Attorney(s) appearing for the Case

Law Offices of E. Gregory Martin, E. Gregory Martin, Melanie R. Vogl, Boulder, for plaintiffs-appellees and cross-appellants.

Banta, Hoyt, Banta, Greene, Hannen & Everall, Richard J. Banta, Edward A. Gleason, Scot W. Nolte, Englewood, for defendant-appellant and cross-appellee Big Horn Harvestore Systems, Inc.

Hansen, Howe, Holmes & Porter, P.C., Michael S. Porter, Denver, for defendant-appellant and cross-appellee A.O. Smith Harvestore Products, Inc.

Certiorari Granted (Cooley) January 17, 1989.

VAN CISE, Judge.

Defendants, Big Horn Harvestore Systems, Inc. (Big Horn) and A.O. Smith Harvestore Products, Inc. (AOSHPI), appeal the judgment against them for $245,077.26 on claims of negligence and failure of essential purpose of a limited remedy constituting breach of contract. Plaintiffs cross-appeal the reduction in the jury award from a total of $324,028.66 to...

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