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Briggs v. Cornwell
Citations: 676 P.2d 1252; 1983 Colo. App. LEXIS 1059Docket: 83CA0300
Court: Colorado Court of Appeals; December 29, 1983; Colorado; State Appellate Court
Plaintiff Randall J. Briggs appealed a judgment in a personal injury case against Karen Cornwell, specifically challenging the denial of prejudgment interest from the date the action accrued until the filing of his complaint. The accident occurred on September 12, 1978, and the complaint was filed on February 27, 1981. Although a jury awarded Briggs interest from the filing date, the trial court denied interest accrued prior to that date. The appeal centered on whether Colorado statute 13-21-101(1) permitted Briggs to claim interest from the date of accrual. The statute allows for interest claims from the date the action accrued for cases filed after July 1, 1979. The court found no language in the statute limiting its application to actions accruing after that date, thus ruling that it applies to claims filed after the effective date, even if the cause of action accrued earlier. Defendant's argument that Briggs should be denied interest because he did not specifically request it in his complaint was dismissed, as his general request for interest "as provided by statute" was deemed sufficient under Colorado Rules of Civil Procedure. The appellate court reversed the trial court's judgment regarding the denial of prejudgment interest and remanded the case, directing that interest be awarded from September 12, 1978, through February 27, 1981. Judges Pierce and Babcock concurred in the decision.