David v Sirius Computer Solutions, Inc.

David sued Sirius for negligent misrepresentation and the jury returned a verdict in her favor. She then moved for prejudgment interest under Colorado revised statute 13-21-101 which the district court denied. The panel reversed and remanded. It held that 101 applies as Colorado includes violations of rights which result in economic loss only in the term “personal injury”, the statute does not exclude economic loss only violations in its terms and the Colorado legislature knows how to do that if it wants to as evidenced by other provisions in nearby sections, Colorado law distinguishes between personal and property injuries and negligent misrepresentation is not a property claim,  disallowing the interest would leave a hole in the statutory scheme for awarding prejudgment interest and Colorado state precedent does not require a different result.