Chapter 22 - § 22.6 • REMEDIES

• Jurisdiction: Colorado

§ 22.6 • REMEDIES

A plaintiff may seek injunctive relief¹⁰³ or monetary damages. Colorado courts have embraced the measure of damages set out in § 774A(1) of the Restatement,¹⁰⁴ which states:

(1) One who is liable to another for interference with a contract or prospective contractual relation is liable for damages for
(a) the pecuniary loss of the benefits of the contract or the prospective relation;
(b) consequential losses for which the interference is a legal cause; and
(c) emotional distress or actual harm to reputation, if they are reasonably to be expected to result from the interference.¹⁰⁵

To recover damages, "a plaintiff must show an injury and produce evidence sufficient to permit a reasonable estimation of damages."¹⁰⁶ In Jones v. Wells Fargo Bank, N.A.,¹⁰⁷ a court rejected as insufficient a plaintiff's affidavit that he experienced "humiliation, frustration, anxiety and sleeplessness, the value of which [was] $25,000," because he did not reference "specific physical, emotional or mental symptoms, [] any treatment obtained, or any explanation of why such losses should be compensated at $25,000."¹⁰⁸

The Colorado Supreme Court has held that a plaintiff may sue for tortious interference with contract where the plaintiff alleges emotional distress damages but not economic damages. The court reasoned that "[i]t would be anomalous to permit the award of emotional distress damages alone for the willful and wanton breach of a contract, but deny them for intentional and improper acts committed without legal justification that cause the breach of the contract."¹⁰⁹

Colorado's statutorily imposed limit for noneconomic losses or injuries is $250,000,¹¹⁰ subject to statutory adjustment tied to the Consumer Price Index.¹¹¹ A court may increase the limit up to $500,000 if it finds justification by clear and convincing evidence, again adjusted for inflation.¹¹² Juries are not informed of the cap on nonecomonic losses.¹¹³ Instead, the court will reduce an award that exceeds the applicable cap.

Where a jury finds in favor of the plaintiff on a tortious interference claim but does not find any actual damages, it may nonetheless award nominal damages of one dollar.¹¹⁴

Exemplary, or punitive, damages are available in appropriate circumstances.¹¹⁵ In Colorado, punitive damage awards are governed by statute.¹¹⁶ The statute provides that in a civil action "in which damages are assessed by a jury for a wrong done to the person or to personal or real property" and the injury is accompanied by circumstances of fraud, malice, or willful and wanton conduct, the jury may award reasonable exemplary damages.¹¹⁷ Exemplary damages may be awarded only when the party asserting the claim proves, beyond a reasonable doubt, "the commission of a wrong under the circumstances set forth" in the punitive damages statute.¹¹⁸ Generally, the amount of exemplary damages cannot exceed the amount of the actual damages awarded to the injured party.¹¹⁹ However, exemplary damages may be trebled if, while the action is pending, the defendant: (1) continues or repeats the...