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WATSON v. PUBLIC SERVICE CO. OF COLORADO

No. 07CA1024.

207 P.3d 860 (2008)

Dennis WATSON, Plaintiff-Appellee and Cross-Appellant, v. PUBLIC SERVICE COMPANY OF COLORADO, d/b/a Xcel Energy, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. VI.

October 16, 2008.

Attorney(s) appearing for the Case

Andrew T. Brake, P.C., Brian Lewis, Englewood, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Brownstein Hyatt Farber Schreck, LLP, Susan P. Klopman, Joshua S. Glasgow, Meghan W. Martinez, Richard P. Barkley, Denver, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge WEBB.

In this wrongful discharge case, defendant, Public Service Company of Colorado d/b/a Xcel Energy, appeals the trial court's judgment entered on a jury verdict awarding plaintiff, Dennis Watson, damages under section 24-34-402.5, C.R.S.2008, which prohibits terminating an employee based on lawful, off-duty conduct. Xcel challenges the denial of its motion to strike Watson's jury demand; jury instructions on the burden of proof; and the award...

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