Lynda S. Gibbons, Brent Wilson, and Gibbons-White, Inc., a Colorado Corporation v. Gregory T. Ludlo — Coats, J…

Summary

Justice Coats dissented from the grant of summary judgment against the sellers in their professional-malpractice action against transactional real estate brokers. He would have treated the alleged loss of the property itself, or diminution in its value caused by the brokers' negligence, as a compensable injury that could be established through a comparable-sales appraisal rather than requiring proof of profits from another prospective sale. The dissent also argues that uncertainty about the precise amount of damages should be resolved by the factfinder rather than used to defeat the claim at summary judgment. Justices Hobbs and Boatright joined the dissent.