Patrick Murray, Petitioner/cross-Respondent v. Just in Case Business Lighthouse, LLC, a Colorado Limited Liability…

Summary

The court held that a witness's improper contingent-fee compensation does not require automatic exclusion of the witness's testimony; instead, the trial court must apply the evidentiary balancing standard and may exclude the testimony only when unfair prejudice substantially outweighs probative value. It also held that non-expert summary witnesses may testify when evidence is complex and voluminous and the witness personally examines the underlying admitted documents. Finally, the court held that argumentative summary charts are inadmissible under CRE 1006, but concluded that the erroneous admission of one chart was harmless. The court reversed the remand ordered by the court of appeals concerning Sumner's testimony and affirmed the remaining rulings.