The Colorado Supreme Court issued its opinion in Newman, LLC v. Roberts on Monday, February 8, 2016.
Civil Law—Jury—Overruling Challenges to Jurors—Harmless Error— CRCP 61—Stare Decisis.
The Supreme Court held that allowing a civil litigant fewer peremptory challenges than authorized, or than available to and exercised by the opposing party, does not by itself require automatic reversal. Instead, the reviewing court must determine whether the error substantially influenced the outcome of the case in accordance with C.R.C.P. 61. This conclusion follows from People v. Novotny, 2014 CO 18, in which the Court determined that the automatic reversal rule in the criminal context rested on the assumption that impairment of the ability to shape the jury through peremptory challenges affected a “substantial right” and thus warranted automatic reversal. This same assumption undergirds the Court’s parallel rule in the civil context, but, as it held in Novotny, subsequent developments in the law concerning harmless error analysis and the significance of the right to shape the jury have invalidated that assumption. As such, the Court rejected the automatic reversal rule in the civil context and overruled prior decisions to the contrary. See Blades v. DaFoe, 704 P.2d 317 (Colo. 1985); Safeway Stores, Inc. v. Langdon, 532 P.2d 337 (Colo. 1975); and Denver City Tramway Co. v. Kennedy, 117 P. 167 (Colo. 1911).