Smith v. Myers

In Smith v. Myers, 181 Ariz. 11, 887 P.2d 541 (1994), the Arizona Supreme Court held that a periodic payment statute violated a provision in the Arizona constitution prohibiting limitations on damages recovery. Although Colorado does not have a similar constitutional provision, the analysis of the Smith court supports our conclusion that 13-64-205(1)(f), as applied to Rodriguez, violates equal protection guarantees provided by the United States and Colorado Constitutions, because it would allow a plaintiff to receive less than the full amount of the judgment as determined by the jury.