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MAKOTO USA, INC. v. RUSSELL

No. 08CA1372.

250 P.3d 625 (2009)

MAKOTO USA, Inc., a Colorado corporation, Plaintiff-Appellee, v. Paul R. RUSSELL, Alysn Hassenforder, and Inner Quests, Inc., a Colorado corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

November 25, 2009.

Attorney(s) appearing for the Case

Laff Campbell Tucker & Gordon, LLP, Darrel L. Campbell , Greenwood Village, Colorado, for Plaintiff-Appellee.

Moye White, LLP, Paul R. Wood , Elizabeth H. Getches , Denver, Colorado, for Defendants-Appellants.

Opinion by Judge CONNELLY.

A jury found for plaintiff, Makoto USA, Inc., on three claims against defendants, Paul R. Russell, Alysn Hassenforder, and Inner Quests, Inc. The third claim, a theft claim under Colorado's stolen property statute, § 18-4-405, C.R.S.2009, resulted in a trebled judgment and an award of attorney fees. Defendants' appeal challenges the judgment on this third claim only. We hold this theft claim was precluded by the economic loss rule,...

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