LAW WEEK COLORADO
DENVER — The Colorado Supreme Court on Monday found that Qwest Services Corp.’s near half-century of failure to inspect its utility poles was “sufficiently reprehensible to justify an exemplary damage” of $18 million to a utility worker who was paralyzed when a rotted wooden pole collapsed on top of him.
Former lineman Andy Blood won in 2007 a massive personal-injury jury verdict against Qwest, which included $18 million in punitive damages against Qwest. The Colorado Court of Appeals affirmed the punitive damages, as did the Supreme Court in a 4-2 decision. Justice Alex Martinez wrote for the majority, which also included Chief Justice Michael Bender and justices Gregory Hobbs and Monica Marquez.
Justice Allison Eid wrote a dissent, joined by Justice Nancy Rice, criticizing the trial court for allowing argument based on Qwest’s failure after Blood’s accident to establish a pole inspection program. Justice Nathan Coats recused himself.
