Colorado § 13-25-102 - United States census bureau mortality table as evidence.

§ 13-25-102. United States census bureau mortality table as evidence.

In all civil actions, special proceedings, or other modes of litigation in courts of justice or before magistrates or other persons having power and authority to receive evidence, when it is necessary to establish the expectancy of continued life of any person from any period of such person's life, whether he or she is living at the time or not, the most recent United States census bureau expectation of life and expected deaths by race, sex, and age table, as published by the United States census bureau from time to time, must be received as evidence, together with other evidence as to health, constitution, habits, and occupation of the person regarding the person's expectancy of continued life.

Source: L. 1893: p. 261, § 1. R.S. 08: § 2490. C.L. § 6536. CSA: C. 63, § 2. CRS 53: § 52-1-2. C.R.S. 1963: § 52-1-2. L. 91: Entire section amended, p. 358, § 16, effective April 9. L. 2014: Entire section amended, (SB 14-048), ch. 46, p. 222, § 1, effective August 6.

ANNOTATION

Tables are admissible where personal injuries are alleged to be permanent. Where in an action for personal injuries there is evidence that the disability complained of is permanent, the mortuary tables are admissible to establish the plaintiff's expectancy of life. Rio Grande S. R. R. v. Nichols, 52 Colo. 300, 123 P. 318 (1912).

Under this section, a mortality table which has legislative recognition at any given time is evidence to be considered with other pertinent matter as bearing upon the life expectancy of person whose rights are being adjudicated; such table does not fix the liability of an employer, and under certain circumstances might be wholly disregarded by the industrial commission. Colo. Fuel & Iron Corp. v. Indus. Comm'n, 148 Colo. 557, 367 P.2d 597 (1961).

However, the tables are not conclusive, but are to be considered in connection with other evidence as to the health, habits, and condition of the injured party. Rio Grande S. R. R. v. Nichols, 52 Colo. 300, 123 P. 318 (1912); Riss & Co. v. Anderson, 108 Colo. 78, 114 P.2d 278 (1941); Colo. Fuel & Iron Corp. v. Indus. Comm'n, 148 Colo. 557, 367 P.2d 597 (1961).

Evidence as to the age, habits, and health of the absentee is admissible, because bearing upon the probable duration of his life. The mortuary table prescribed by this section is admissible for the reason that it bears upon the probable duration of his life. New York Life Ins. Co. v. Holck, 59 Colo. 416, 151 P. 916 (1915).

In such cases the litigant may avail himself of the admissibility of the mortality tables or not, at his pleasure. Gilligan v. Blakesley, 93 Colo. 370, 26 P.2d 808 (1933).

In determining the life expectancy of a claimant, the industrial commission may use any recognized expectancy tables without their formal introduction by either party at the hearing. Indus. Comm'n v. Big Six Coal Co., 72 Colo. 377, 211 P. 361 (1922) (decided prior to the abolition of the industrial commission in 1986).