Carnal v. Dan Coleman Inc‪.‬

Dan Coleman, Inc., and Ruan Transport Corporation bring this ex parte appeal from the judgment of the trial court denying their request for attorney fees against Harold R. Carnal, who appeared as plaintiff at trial. We reverse. On July 24, 1984, Carnal brought an action seeking damages against these defendants on various claims. He alleged damage to his automobile caused by the negligence of both Coleman and Ruan, and also, in a separate claim, alleged breach of a health insurance agreement. Carnal, a former employee of Coleman, sought damages against Coleman alone pursuant to § 8-4-104, C.R.S., for alleged underpayment of wages and for wrongful termination of his employment in violation of § 5-5-106, C.R.S., which termination allegedly resulted from the garnishment of Carnal's wages as a judgment debtor.