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`~ ~ <br />~~' r <br />~~ <br />j32 Golo. 564 PACIFIC REPORTER, 2d SERIES <br />in the first two parts of this opinion. How- <br />ever, additions] eaaignmenu of error were <br />rained in the so-called "Supplement to De- <br />fendant's Motion for New Trial" filed on <br />April 25, 1975, three days before the coon <br />heard argument on the initial motion. Be- <br />cause these amendmenu to the motion for <br />new trial in the "Supplemental Motion" <br />were not filed within the time allowed for <br />the motion fore nea trial, and because <br />Carnation did not seek an extension of time <br />to file amendmenu to iu motion either <br />within the period previously granted be the <br />t.riel mart or at any time prior to the hear- <br />ing on the motion, the "Supplemental Mo- <br />lion" is a nullit}•, and we are without juris- <br />diction to revie~• iu allegations. C.R.C.P. <br />59(b), and (f), see People r. McCollum, <br />Colo.App., 555 P?d l84 (1976). Ke have, <br />however, considered the argumenu raised <br />by the "Supplemental Motion" and have <br />concluded that each assignment presented <br />in the "Supp)emental Motion" is without <br />merit. <br />It'. <br />Section 13-27-101, C.P.5.1973, provides <br />that interest on personal injun~ damage <br />awards mac be recovered from the date the <br />complaint is filed. The Millers contend that <br />the}• are entit)ed to the benefiu of this <br />provision on that portion of the award rela- <br />ting to annoyance and discomfort. The tri- <br />al mart's denial of interest on this portion <br />of the award from the sate of the com- <br />plaint is error. <br />(18,19] An iniun' is personal when it <br />impairs the well-being or the mental or <br />physical health of the victim. For example, <br />a claim for loss of consortium is a personal <br />injun~ within the meaning of the materially <br />identical precursor to § 13-:1-101, C.R.S. <br />1973. American Insurance Co. r. Naylor, <br />103 Coio. 461, 87 P?d 260 (1939). In con- <br />trast, an injury is not personal when inflict- <br />ed on progeny. Therefore, interest on the <br />award for annoyance and discomfort is re- <br />coverable from the date of the filing of the <br />Millers' complaint. <br />The judgment is affirmed with respect to <br />Carnation's liability and the damages <br />awarded in the jury's verdict, as remitted. <br />The order denying interest requested b}• the <br />plaintifts is reversed, and the cause is re- <br />manded with directions to the trial court to <br />enter judgment on the award for annoy- <br />ance and discomfort, together with interest <br />thereon at the rate of six per cent per <br />annum Srom the date of the filing of the <br />original complaint in this action w the date <br />of the entry of judgment pursuant to this <br />remand. <br />BERMAN and STERNBERG, JJ., motor. <br />., <br />~ S Blt YYYB[B 5ISIIY <br />t <br />INTERMOUNTAIN JEw'ISH NEWS. <br />INC., a Colorado Corporation, <br />Petitioner, <br />y. <br />INDUSTRIAL, COMMISSION of the State <br />of Colorado (Ex-Officio Unemployment <br />Compensation Commission of Colorado), <br />and Jcel P. Goldberger, Claimant, Re- <br />spondents. <br />Tio. 76-766. <br />Colorado Cour[ of Appeals. <br />April 7E, 1977. <br />An employer petitioned for review of <br />an order of the Industrial Commission <br />granting claimant a full award of unem- <br />ployment compensation benefiu. The <br />Gouty of Appeals, Berman, J., held that an <br />agreement that employment would termi- <br />nate at a set time, entered into after em- <br />ployment had commenced, did not operate <br />s <br />3 <br /> <br />d <br />r ew-.- <br />to <br />amply <br />~ ~ <br />f <br />i <br />1. Sa <br />~ E <br /> liaher <br /> for "1 <br /> tied t <br /> fiu. <br /> 2 S« <br />f F. <br /> 6IOOd <br />? expir ~ <br />- denyit <br /> <br />ment . <br />i <br /> seq., f ' <br /> 3. Sot <br /> <br /> <br />