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REGO CO. v. McKOWN-KATY

No. 89SC189.

801 P.2d 536 (1990)

REGO COMPANY, Petitioner, v. Marcy McKOWN-KATY, Peter Katy, and Farmers Insurance Exchange, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 10, 1990.

Attorney(s) appearing for the Case

Mellon, Harris & Cooksey, P.C., John S.L. Sackett, Abramovitz, Merriam & Matthews, Barbara A. Matthews, Denver, for petitioner.

Rothgerber, Appel, Powers & Johnson, Charles Goldberg, Thomas H. Young, Gelt, Fleishman & Sterling, P.C., Theodore Z. Gelt, Denver, for respondent Marcy McKown-Katy.

Norton Frickey & Associates, P.C., Howard Flicker, Lakewood, Colorado Trial Lawyers Ass'n, Denis H. Mark, Denver, for amicus curiae Colorado Trial Lawyers Ass'n.

Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari in this case to consider whether it is reversible error for a trial court to instruct the jury in a personal injury action that it should make no attempt to adjust its award for the effect of income taxes because the award will not be subject to income taxes. The court of appeals held that the Denver District Court committed reversible error when it instructed the jury not to adjust its award...

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