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MILLER v. CARNATION CO. <br />U~ u Colo.App. as1 -~E 127 <br />17. Ner Trial ad 152 <br />Defendant's supplement to iu new trial <br />motion, filed three days before the trial <br />mart heard argument on the initial new <br />trial motion, was a nullity since defendant <br />did not file the supplemental motion within <br />the time allowed for the motion for a new <br />trial and since defendant did not seek an <br />extension of time to file amendmenu to iu <br />motion either within the period previously <br />granted or at any time prior u the hearing <br />on the motion. Rules of Civil Procedure, <br />rule 59(b, f). <br />lg. Interest X47(1) <br />]n respect to statute providing that <br />interest on "personal" injury damage <br />awards may be recovered from the date the <br />complaint u filed, an injury is personal <br />when it impairs the well-being or the men• <br />tal or physical health of the victim, but an <br />injury is not personal when inflicted on <br />property. C.RS. '73, 13-21-101. <br />19. Interest X47(1) <br />Interest on an award of annoyance and <br />discomfort is recoverable from the date of <br />filing the complaint. C.RS. "13, 13-21-101. <br />Carrigan 6. Bragg, P. C., Douglas E. <br />Bragg, Denver, for plaintiffs-appellees. <br />Davis, Graham & Stubbs, Robert H. Har- <br />ry, LRichard Freese, Denver, for defend- <br />anu-appellanu. <br />KELLY, Judge. <br />The Carnation Company appeals from an <br />advene judgment entered on a verdict in <br />favor of the plaintiffs, Harry and Sondra <br />Miller, for damages for trespass and nui• <br />lance arising out of the operation of the <br />Brighton Egg Company, a poultry ranch <br />owned by Carnation. The jury returned a <br />special verdict awarding $101,748 in com- <br />pensatory damages, which the trial mart <br />later remitted to 58,5,748. The jury also <br />awarded 5300,000 in exemplary damages. <br />Carnation does not contest iu liability on <br />the claim, but asserts that both verdicu are <br />excessive and that both are the result of <br />passion and prejudice of the jun'. The <br />Millen cross-appeal, claiming pre-judgment <br />Colo. 129 <br />interest on a portion of the award. We <br />affirm the judgment against Carnation and <br />revere as to the denial of interest on the <br />judgment. <br />In June 1966, the Millers purchased and <br />moved into a home on property abutting <br />Carnation's egg ranch. Shortly- thereafter, <br />the plaintiffs were besieged and they prop- <br />erty was invaded by inordinate numbers of <br />flies and rodenu. The Millers' evidence <br />demonstrated that Carnation's failure to re- <br />move chicken manure frequently and regu- <br />larly from beneath iu chicken houses pro- <br />vided these peso with ideal conditions for <br />breeding. The flies existed in such num• <br />hers that the plaintiffs were depraved of the <br />use and enjoyment of their property, and <br />their influx damaged the Miller home and <br />required increased maintenance. <br />Persistent complainu to the egg ranch <br />management proved unavailing. Although <br />Carnation began a program of extensive <br />insecticide spraying of both iu ranch and <br />the Miller property, the spraying proved <br />ineffective and no less an inconvenience <br />than the flies. It was uncontroverted that <br />the most effective method of abatement <br />was regular and frequent removal of the <br />manure. Nevertheless, Carnation did not <br />intensify iu cleaning efforts, and the Mil- <br />lers were continually harassed by flies and <br />rodenu. <br />The rave hag been twice tried. At the <br />fiat trial, Carnation prevailed on iu motion <br />to dismiss after presentation of the plain- <br />tiffs' evidence. On appeal, this court re- <br />versed, finding that the Millen had estab- <br />lished prima facie caves of nuisance and <br />trespass and that there was evidence from <br />which the jury might conclude that Carna- <br />tion's conduct warranted an award of ex- <br />emplary damages. Miller v. Carnation Ca., <br />33 Colo.App. 62. 516 P?d 661 (1973). At <br />the conclusion o[ the second trial, the jury <br />returned the verdicu above noted, and the <br />plaintiffs agreed to a remittitur of 516,000 <br />as ordered by the court. <br />Regarding the compensatory damages, <br />Carnation contends that submission of the <br />~O <br />C~ <br />