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HOYAL v. PIONEER SAND CO., INC.

No. 07SA249.

188 P.3d 716 (2008)

Dawn E. HOYAL, surviving spouse of Arbuth Jay Hoyal, and Dawn E. Hoyal, as Personal Representative of the estate of Arbuth Jay Hoyal, Plaintiff, v. PIONEER SAND COMPANY, INC., Defendant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 2, 2008.

Attorney(s) appearing for the Case

The Waltz Law Firm, Richard A. Waltz, John G. Simmonds, K. Brandon Cline, Denver, CO, Attorneys for Petitioner.

Retherford, Mullen, Johnson & Bruce, LLC, Jerry A. Retherford, Anthony A. Johnson, Kelly M. Telfeyan, James C. Duve, P.C., James C. Duve, Colorado Springs, CO, Attorneys for Respondents.

Kennedy Childs & Fogg, P.C., John R. Mann, Jennifer C. Madsen, Denver, CO, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

Benson & Associates, PC, Jesse Howard, Witt Golden, CO Sears & Swanson, P.C., Victoria Swanson, Colorado Springs, CO, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.

Justice HOBBS delivered the Opinion of the Court.

In this original proceeding pursuant to C.A.R. 21, we consider whether evidence concerning a decedent's future income tax liability is admissible for purposes of calculating the net pecuniary loss to a plaintiff in a wrongful death suit brought pursuant to Colorado's Wrongful Death Act ("the WDA"), sections 13-21-201 to -204, C.R.S. (2007). The defendant in the trial court, Pioneer Sand Company, Inc. ("Pioneer Sand...

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