Morales-Guevara v. Koren
2014 COA 89
| Colo. Ct. App. | 2014Background
- Jose Morales-Guevara appeals a jury verdict awarding damages against Clame A. Ko-ren for injuries from a motor vehicle collision, arguing damages were under the evidence.
- The defendant concedes DUI caused the accident, but damages, including causation of Morales-Guevara's heart attack two months later, were disputed.
- During voir dire, Morales-Guevara challenged a prospective juror for cause over inability to apply the burden of proof to causation of the heart attack; no rehabilitation occurred and peremptories were exhausted.
- The trial court denied the challenge for cause, and Morales-Guevara exhausted his remaining peremptory challenges.
- The case centers on whether the trial court abused its discretion and whether the automatic reversal rule remains binding in civil cases following People v. Novotny, 2014 CO 18.
- The court ultimately reverses and remands for a new trial, holding the automatic reversal rule applies in civil cases and that Denver City Tramway remains controlling civil precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying cause to strike the juror | Morales-Guevara | Ko-ren | Yes, abuse; juror should have been excused. |
| Whether the automatic reversal rule applies in civil cases after Novotny | Morales-Guevara | Ko-ren | Yes, rule remains binding in civil cases. |
| Whether Novotny overruled Denver City Tramway/Blades in civil context | Morales-Guevara | Ko-ren | No; Novotny does not overrule in civil cases. |
Key Cases Cited
- Denver City Tramway Co. v. Kennedy, 60 Colo. 418 (1911) (automatic reversal in civil trials when error in challenge for cause and exhaustion of challenges)
- Blades v. DaFoe, 704 P.2d 317 (Colo. 1985) (adopts reversible error rule for civil challenges for cause and peremptory challenges)
- Macrander, 828 P.2d 234 (Colo. 1992) (mandatory for-cause dismissal when related to attorney of record; mitigating per se error)
- People v. Novotny, 2014 CO 18 (Colo.) (limits overruled precedents and reframes harmless error in criminal context; affects analysis)