CO · jury_instructions
CJI-Civ. 18:4
Actual or Nominal Damages
Plaintiff, (name), has the burden of proving the nature and extent of (insert
applicable pronoun) damages by a preponderance of the evidence. If you find in favor of the
plaintiff, you must determine the total dollar amount of the plaintiff’s damages, if any, that
were caused by the trespass of the defendant(s), (name[s]), (and the [insert appropriate
description, e.g., “negligence”], if any, of any designated nonparties).
In determining these damages, you shall consider the following:
(1. [Version a] The difference between the reasonable market value of the real estate
immediately before the trespass and its reasonable market value immediately after the
trespass [; and])
(1. [Version b] The reasonable cost of [restoring] [repairing] [rebuilding] the
property (and the decrease, if any, in market value of the property as [restored] [repaired]
[rebuilt]) [; and])
(2. [insert any consequential damages the jury might reasonably find the plaintiff
suffered as a result of the defendant’s trespass].)
If you find in favor of the plaintiff but do not find any actual damages, you shall
award (insert applicable pronoun) nominal damages of one dollar.
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
99bffb91ed9c9e2fa2dd53e98c6b06e887afee1ddd0b53745cdce8296a952658
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