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FERRELLGAS, INC. v. YEISER

No. 08SC997.

247 P.3d 1022 (2011)

FERRELLGAS, INC., a Delaware Corporation operating under the trade name Thermogas, Petitioner v. Ellen YEISER, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 21, 2011.

Attorney(s) appearing for the Case

Senter Goldfarb & Rice, L.L.C., Tiffaney A. Norton , Denver, Colorado, Attorney for Petitioner.

The Fowler Law Firm, LLC, Timms R. Fowler , Fort Collins, Colorado, Bendinelli Law Office, P.C., Marc F. Bendinelli , W. Joseph Lapham II , Denver, Colorado, Attorneys for Respondent.

Husch Blackwell Sanders LLP, Christopher L. Ottele , Christopher Brady , Denver, Colorado, Attorneys for Amicus Curiae Colorado Civil Justice League.

Justice RICE delivered the Opinion of the Court.

In this appeal, we review the court of appeals' decision regarding a complex series of post-verdict damages adjustments, all stemming from a breach of contract action by respondent Ellen Yeiser against petitioner Ferrellgas, Inc. We reverse the court of appeals' failure to set off the full amount of a settled subrogation claim by Yeiser's insurer, non-party Farmers Insurance Group ("Farmers"). We also hold that the...

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