Colorado Court of Appeals. Courtesy photo Colorado Appeals Court Upholds State's Noneconomic Damages Cap as Constitutional
"Unlike the United States Constitution, the Colorado Constitution does not guarantee the right to a jury trial in civil cases," stated Fox. "Gebert alternatively argues that we should overrule this precedent and recognize the civil jury trial right under the Colorado Constitution."
November 14, 2023 at 03:47 PM
4 minute read
The Colorado Court of Appeals, ruling on an issue of first impression, has upheld the state's noneconomic damages cap, finding that it is not a violation of the Seventh Amendment because of the long-standing precedent that the amendment does not apply to states.
Plaintiff Jacqueline Gebert filed suit against Sears, Roebuck and its local home repair branch after she was electrocuted by her stove, which the company had incorrectly wired, according to the opinion. The mistake caused the metal cooking surface to be energized at the same voltage as an electrical outlet. While Gebert was washing dishes, she placed a pan on the stove and was electrocuted.
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