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SMITH v. VINCENT

No. 02CA1650.

77 P.3d 927 (2003)

Loyalle SMITH, as father and next of kin of the minor child, and decedent Desirae R. Smith, Plaintiff-Appellee, v. Edward VINCENT, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

August 14, 2003.

Attorney(s) appearing for the Case

Howard Morrison, Colorado Springs, Colorado; J. Stephen Price, P.C., J. Stephen Price, Colorado Springs, Colorado, for Plaintiff-Appellee.

Kane, Donley, and Johnson, P.C., Mark H. Kane, Colorado Springs, Colorado, for Defendant-Appellant.

Opinion by Judge ROTHENBERG.

In this wrongful death action, defendant, Edward Vincent, appeals the trial court's order and judgment in favor of plaintiff, Loyalle Smith (Smith), who filed this action as father and next of kin of the deceased minor child, Desirae Smith. The sole issue on appeal is whether an award under Colorado's solatium statute, § 13-21-203.5, C.R.S.2002, is subject to reduction by the amount a plaintiff receives from an insurance settlement...

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