CO · jury_instructions
CJI-Civ. 18:7
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 nuisance.
In determining these the plaintiff’s damages, you shall consider
1. (The difference between the reasonable market value of the real estate without the
nuisance and its reasonable market value with the nuisance) (The loss of the property’s
rental value for the period during which the nuisance continued); (and)
(2. Consequential damages the jury might reasonably find the plaintiff suffered as a
result of the defendant’s nuisance, including loss of use of the property, discomfort,
annoyance, or physical illness.)
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
dccf6ac2194b3f17bf97801692bc263d92329bc25b5d0e2abcb64c8f3433ddb3
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