FAIR v. RED LION INN

No. 95SC753.

943 P.2d 431 (1997)

Patricia FAIR, Petitioner, v. RED LION INN, operating as L.P., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 15, 1997.


Attorney(s) appearing for the Case

Jones, Waters, Bennett, Hessel & Cross, L.L.C., Keith Cross, Colorado Springs, for Petitioner.

Holland & Hart, Elaine H. Turner, Colorado Springs, John M. Husband, Denver, for Respondent.

Arckey & Reha, L.L.C., Thomas J. Arckey, Littleton, Jeffrey Menter, Englewood, for Amicus Curiae Plaintiff Employment Lawyers Association.

Holme Roberts & Owen LLP, John R. Webb, Elizabeth M. Flores, Denver, for Amicus Curiae Colorado Association of Commerce and Industry.


Justice SCOTT delivered the Opinion of the Court.

In Fair v. Red Lion Inn, 920 P.2d 820 (Colo.App.1995), we granted certiorari to address a single question: whether as a matter of law, the refusal of an employee to accept her former employer's unconditional offer of reinstatement, after a breach of contract by the employer, constitutes a failure to mitigate damages on the part of the employee.1...

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