258 P.3d 334
Colo. Ct. App.2011Background
- Defendant caused a multi-vehicle accident injuring plaintiff, who sued for damages.
- Defendant admitted liability but disputed damages; plaintiff sought medical, wage, and pain damages.
- Plaintiff’s Rule 26(a)(1) disclosure identified potential lien and subrogation documents, though no liens were filed before trial.
- Before trial, defendant offered to settle for $145,000, including all subrogation interests and liens, to fully resolve all claims.
- Plaintiff rejected the offer; jury awarded $98,000, with post-judgment interest bringing total to $114,528.63.
- Trial court awarded costs: plaintiff pre-offer costs $4,090.11; defendant post-offer costs $14,885.68.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the settlement offer falls within § 13-17-202(1)(a)(II). | Strunk argues nonmonetary conditions remove offer from statute. | Goldberg contends the offer is within § 13-17-202 and valid for post-offer costs. | Yes; the offer was within § 13-17-202, not blocked by nonmonetary terms. |
| Do subrogation interests and liens create nonmonetary conditions? | These terms expand the offer beyond the claims at issue. | They merely explain settlement value related to the claim. | No; they are part of the damages, not nonmonetary conditions. |
| Are subrogation and lien references improper under URS, Tallitsch, and Martin? | The referenced terms render the offer outside § 13-17-202. | Distinctions from those cases keep this offer within § 13-17-202. | Distinguishable; references to subrogation and liens are within § 13-17-202. |
Key Cases Cited
- Ferrellgas, Inc. v. Yeiser, 247 P.3d 1022 (Colo. 2011) (subrogation setoffs are part of the final damages and related to the settled claim)
- URS Group, Inc. v. Tetra Tech FW, Inc., 181 P.3d 380 (Colo. App. 2008) (nonmonetary conditions may remove an offer from § 13-17-202 scope)
- Tallitsch v. Child Support Services, Inc., 926 P.2d 143 (Colo. App. 1996) (nonmonetary conditions may extend beyond the claims at issue)
- Martin v. Minnard, 862 P.2d 1014 (Colo. App. 1993) (contract-like conditions may affect § 13-17-202 applicability)
- Centric-Jones Co. v. Hufnagel, 848 P.2d 942 (Colo. 1993) (statutory settlement offers encouraged to settle litigation)