Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 254-25

Filed 09/14/2007

Page 1 of 1

Non-Stip P-16 INSTRUCTION NO. _____ In a breach of contract action, damages must be established with reasonable certainty by a preponderance of evidence. In the case of future damages, the plaintiff must provide proof of the fact that damages will accrue in the future, and sufficient evidence to allow for a fair approximation of the loss, but need not prove the amount of damages to a mathematical certainty. Pomeranz v. McDonald's Corp., 843 P.2d 1378, 1381 (Colo. 1993); Tait v. Hartford Underwriters Ins. Co., 49 P.3d 337, 342 (Colo. Ct. App. 2002)