(DOWNLOAD) "Wulff v. Christmas" by Colorado Court of Appeals No. 81CA1257 ~ Book PDF Kindle ePub Free
eBook details
- Title: Wulff v. Christmas
- Author : Colorado Court of Appeals No. 81CA1257
- Release Date : January 26, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Opinion by JUDGE STERNBERG Plaintiffs, Teddy G. Wulff and Tuesday Enterprises, Inc., sued defendants, E. M. Christmas and Colorado Industrial Properties, Inc., for damages. The litigation resulted from a dispute over a lease on a restaurant and bar and a liquor license owned by defendants. The jury awarded nominal damages of $1.00 to plaintiff Wulff against both defendants, and in favor of plaintiff Tuesday Enterprises against the defendant corporation. However, the jury awarded damages in the amount of $36,000 to Tuesday Enterprises against Christmas. Judgment was entered on the verdict and neither counsel objected or moved for relief until after the jury had been discharged when Christmas moved for judgment notwithstanding the verdict and for a new trial. The trial court found the verdicts inconsistent and reduced the award in favor of Tuesday Enterprises against Christmas to $1.00. Plaintiffs appeal, and we reverse and remand for a new trial. The jury had been instructed that it could find against the defendant E. M. Christmas individually if it found he had used the corporate defendant as his alter ego, and if so, then you shall find defendant E. M. Christmas individually liable for any of the damages caused by defendant Colorado Industrial Properties, Inc. (emphasis added) Similarly, in another instruction the jury was told that if defendant Christmas had caused the defendant corporation to be undercapitalized that it should find Christmas individually liable for any of the damages caused by defendant Colorado Industrial Properties, Inc.
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