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LIRA v. DAVIS

No. 91SC253.

832 P.2d 240 (1992)

Joel LIRA, Petitioner, v. Jeffrey A. DAVIS, Respondent.

Supreme Court of Colorado, En Banc.

July 13, 1992.

Attorney(s) appearing for the Case

Lapin, Herrick-Stare, Hubbard & Johnson, P.C., James B. Lapin, Julian M. Izbiky, Denver, for petitioner.

Fogel, Keating & Wagner, P.C., Alan C. Shafner, Timothy F. Devereux, Denver, for respondent.

Schaden, Lampert & Lampert, Brian J. Lampert, Susanna Meissner-Cutler, Denver, for amicus curiae Colorado Trial Lawyers Ass'n.

Long & Jaudon, P.C., Frederick W. Long, Lee A. Lindsay, Denver, for amicus curiae Colorado Defense Lawyers Ass'n.

Chief Justice ROVIRA delivered the Opinion of the Court.

This case requires us to consider the interrelationship of the comparative negligence, the pro rata liability, and the exemplary damages statutes, to construe the exemplary damages statute, which limits the amount of exemplary damages to the amount of "actual damages awarded," and to determine whether prejudgment interest should be applied to an exemplary damages award.

I

Jeffrey A. Davis,...

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