SMITH v. JEPPSEN

No. 11SA51.

277 P.3d 224 (2012)

2012 CO 32

In re Donald Francis SMITH, Plaintiff, v. Michael D. JEPPSEN, Defendant, and State Farm Mutual Automobile Insurance, Intervenor.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 29, 2012.


Attorney(s) appearing for the Case

Thomas J. Tomazin, P.C., Thomas J. Tomazin , Greenwood Village, Colorado, Attorneys for Plaintiff.

Patterson, Nuss & Seymour, P.C., Franklin D. Patterson , Brian D. Kennedy , Greenwood Village, Colorado, Attorneys for Defendant.

Seaman & Chambers, P.C., Thomas J. Seaman , Karl A. Chambers , Greenwood Village, Colorado, Attorneys for Intervenor.

The Viorst Law Offices, P.C., Anthony Viorst , Denver, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.


Justice RICE delivered the Opinion of the Court.

¶ 1 In this original proceeding under C.A.R. 21, we determine whether section 10-1-135, C.R.S. (2011), applies prospectively to this action and precludes admission of evidence of the amounts paid by the plaintiff's insurance company pursuant to the plaintiff's medical expense coverage. We hold that the trial court was correct in applying section 10-1-135 here because the statute pertains to cases pending recovery...

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