David v. Sirius Computer Solutions, Inc.
779 F.3d 1209
10th Cir.2015Background
- Ms. Diane David sold computer equipment and built a nationwide client base.
- Sirius Computer Solutions recruited her with a promise she could continue serving her existing customers after joining.
- Sirius later refused to allow Ms. David to conduct business with her outside clients.
- Ms. David sued for negligent misrepresentation; the jury awarded $231,665 for economic losses and none for noneconomic losses.
- The district court denied prejudgment interest under § 13-21-101, treating the action as not involving a personal injury.
- The issue is whether prejudgment interest can attach to damages in a personal-injury action that includes only economic losses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 13-21-101 apply where a personal injury yields only economic damages? | David contends the action seeks personal injuries, warranting prejudgment interest. | Sirius contends the statute requires noneconomic or physical injuries, or is not triggered by economic losses alone. | Remanded for prejudgment interest determination. |
| Should the statute be read to apply broadly to personal injuries regardless of compensatory type? | Broad reading favors inclusion of all personal-injury actions. | Narrow reading aligns with physical or noneconomic injury distinctions in related statutes. | Court adopts broad interpretation favoring prejudgment interest. |
Key Cases Cited
- Brooks v. Jackson, 813 P.2d 847 (Colo. App. 1991) (personal injury can yield economic damages)
- Morris v. Goodwin, 185 P.3d 777 (Colo. 2008) (applies § 13-21-101 to economic and noneconomic damages from personal injury)
- Schuessler v. Wolter, 310 P.3d 151 (Colo. App. 2012) (damages arose from wrongful withholding; tied to § 5-12-102)
- Antolovich v. Brown Group Retail, Inc., 183 P.3d 582 (Colo. App. 2007) (personal injury with noneconomic losses; prejudgment interest appropriate)
- Ferrellgas, Inc. v. Yeiser, 247 P.3d 1022 (Colo. 2011) (distinguishes between economic and noneconomic damages; context for prejudgment interest)
- Allstate Ins. Co. v. Starke, 797 P.2d 14 (Colo. 1990) (prejudgment interest function in tort damages)
- Roberts v. Sea-Land Servs., Inc., 132 S. Ct. 1350 (2012) (statutory interpretation when different language implies different meanings)
- Robinson v. Shell Oil Co., 519 U.S. 337 (1997) (broader statutory interpretation context)