Rocky Mountain Festivals, Inc., D/b/a Colorado Renaissance Festivals, Inc., Petitioner v. Parsons Corporation And…

Summary

The court held that a plaintiff's partial liability in an underlying dispute does not categorically bar recovery of litigation costs as wrong-of-another damages. Such costs may be recoverable for distinct claims based on different facts and legal theories, and the water and wastewater claims were sufficiently separable to preclude summary judgment on that ground. Justice EID, dissenting, would have affirmed because the festival lacked evidence of causation and was partly responsible for the underlying litigation, making wrong-of-another damages unavailable.