Summary
The Colorado Supreme Court reviews, through an original proceeding under C.A.R. 21, a trial court order entering judgment for the amount of damages stated in the plaintiff's initial disclosure, despite her objection. The court holds that initial damage disclosures under C.R.C.P. 26(a)(1)(C), which are based on information then known and remain subject to supplementation under C.R.C.P. 26(e), do not bind a plaintiff to a specific damages amount absent misleading conduct or other circumstances supporting such treatment. The court makes the rule absolute and directs the trial court to deny the defendants' motion for judgment.
Holdings
- A trial court may not enter judgment for the amount stated in a plaintiff's initial damages disclosure over the plaintiff's objection when the disclosure was based on information then known and reasonably available and remained subject to timely supplementation.
- The defendants' motion was neither an enforceable offer of judgment nor an offer of settlement that authorized the court to impose judgment over Morgan's objection.
- The court properly exercised original jurisdiction because the trial court's order exceeded its authority over pretrial discovery and effectively imposed a settlement, creating a significant disadvantage for which an appeal would provide an inadequate remedy.
Questions Presented
- Whether a trial court may enter judgment against defendants for the specific amount of damages stated in a plaintiff's initial disclosure under C.R.C.P. 26(a)(1)(C), over the plaintiff's objection.
- Whether a plaintiff's initial disclosure becomes binding merely because the plaintiff did not expressly label the damages computation as an estimate.
- Whether the Colorado Supreme Court should exercise original jurisdiction under C.A.R. 21 to review the trial court's order.
Disposition
writ_granted
Cases Cited (13)
- Silva v. Basin W., Inc., 47 P.3d 1184, 1187-88 (Colo. 2002)(followed)
- Leaffer v. Zarlengo, 44 P.3d 1072, 1077 (Colo. 2002)(followed)
- Todd v. Bear Valley Vill. Apartments, 980 P.2d 973, 975 (Colo. 1999)(followed)
- Hamon Contractors, Inc. v. Dist. Court, 877 P.2d 884, 887 (Colo. 1994)(followed)
- Bond v. Dist. Court, 682 P.2d 33, 36, 40 (Colo. 1984)(followed)
- Sanchez v. Dist. Court, 624 P.2d 1314, 1316-17 (Colo. 1981)(followed)
- J.P. v. Dist. Court, 873 P.2d 745, 750 (Colo. 1994)(followed)
- Williams v. Dist. Court, 866 P.2d 908, 911 (Colo. 1993)(followed)
- Hildyard v. W. Fasteners, Inc., 33 Colo. App. 396, 522 P.2d 596, 598 (1974)(followed)
- Centric-Jones Co. v. Hufnagel, 848 P.2d 942, 947 (Colo. 1993)(followed)
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