Graphic Directions Inc. V. Bush

Defendants, Robert L. Bush and F. Dennis Dickerson, appeal a judgment entered on a jury verdict in favor of Graphic Directions, Inc. (GDI), awarding compensatory and exemplary damages for breach of fiduciary duty. This court reversed the judgment, Graphic Directions, Inc. v. Bush, 844 P.2d 1190 (Colo. App. 1992), but, on certiorari review, the Supreme Court vacated the Judgment of this court and remanded with directions that we reconsider in light of Pomeranz v. McDonald's Corp., 843 P.2d 1378 (Colo. 1993). Pursuant to the order of this court the parties submitted supplemental briefs addressing this issue. We have reconsidered the case and again  reverse the judgment, vacate the award of actual damages for breach of fiduciary duty, and remand with instructions concerning the award of exemplary damages.