Bermel v. BlueRadios, Inc.Annotate this Case
Chris Bermel contracted to provide engineering services for BlueRadios, Inc., a wireless data and voice communications company. In 2014, Bermel knowingly forwarded thousands of company emails containing proprietary information to his personal email account without authorization. For this conduct, the trial court found Bermel liable for breach of contract and for civil theft under section 18-4-405, C.R.S. (2018). The statute allowed the rightful owner of stolen property to recover the greater of $200 or three times the actual damages sustained, as well as costs and reasonable attorney fees. Bermel argued BlueRadios’ remedies were limited to those for breach of contract, and that Colorado’s economic loss rule barred BlueRadios’ claim for civil theft. After review, the Colorado Supreme Court disagreed, holding that the judge-made economic loss rule could not bar a statutory cause of action.