David v. Sirius Computer Solutions, No. 14-1125 (10th Cir. 2015)
Annotate this CaseDefendant-appellee Sirius Computer Solutions, Inc. recruited plaintiff-appellant Diane David as a salesperson for the company's computer equipment. The Company promised that David could continue serving her existing customers after she worked for Sirius. After she agreed to work for Sirius on those terms, Sirius changed its mind and refused to allow David to conduct business with her outside clients. David sued, alleging that the Company's recruiting promises negligently misrepresented the actual terms of employment. A jury returned a verdict in David's favor, awarding her damages on David's negligent misrepresentation claim, but did not award damages for "noneconomic losses or injuries." After trial, David filed a motion under section 13-21-101 of the Colorado Revised Statutes, which guaranteed prejudgment interest "[i]n all actions brought to recover damages for personal injuries." Because the jury found David suffered only economic losses, the district court proceeded as if she suffered no "personal injur[y]" and denied her motion for prejudgment interest. On appeal to the Tenth Circuit, David argued that her suit was brought to recover damages for a personal injury and that the district court was wrong to equate personal injuries with noneconomic losses. After review of the statute at issue, the Tenth Circuit concluded that "Ms. David may have a point. [. . .] In these circumstances it seems to us Ms. David’s interpretation has the better of it when it comes to taking in 'the broader context of the statute as a whole.'" The Court reversed the district court and remanded for an award of prejudgment interest.
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