Target Corp. v. Prestige Maintenance USA, 2013COA12 (January 31, 2013)

At the heart of contract law is a principle of risk management and allocation. This case involves Prestige indemnifying Target for injuries caused by a Prestige employee. Target sued Prestige after its employee fell and claimed workers’ compensation. The trial court found for Target and awarded damages for past and future damages. Prestige appealed the award of future damages. The court of appeals held: 1) future damages are a substantive issue, not one of judicial administration, so MN law applied as stated in the contract. But, CO law applied to matters regarding the conduct of the litigation: whether an issue was preserved for appeal and the standard of review; 2) the issue was preserved because future damages were addressed during closing and by the court; 3) the award was supported by evidence that the damages were reasonably likely to occur as estimated by an expert. Affirmed.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/12CA0445-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8815&courtid=1

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Filed under Appellate Review Challenged, Contracts, Evidence, Personal Injury, Torts

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