¶1dissenting.
¶2In the face of undisputed evidence that plaintiff incurred a fractured femur and *445other injuries, and that she sustained damages, the jury found no injury or damage had been sustained. The majority opinion recognizes that that verdict was erroneous, but concludes the error was harmless. I do not agree. Instead, I view this erroneous verdict as proof that, contrary to their oaths of office, the jurors disregarded the court’s instructions and the evidence.
¶3The defendants argue that, because the jury found no liability, the issue of damages became irrelevant and moot, and rely for authority on Peterman v. Indian Motorcycle Co., 216 F.2d 289 (1st Cir.1954). That case provides but little support for such a contention. There, the court properly and summarily disposed of an argument that a jury verdict adverse to a plaintiff on liability should be reversed because an instruction relating to “one detail concerning the measure of damages” was allegedly erroneous. That error could not have infected the entire verdict. Here, on the other hand, the damage verdict indicates the jury refused to recognize undisputed facts concerning injuries, which evidences either a total lack of understanding of its duties or bias, passion, or prejudice.
¶4This is not a case of apparently inconsistent verdicts, in which circumstance an appellate court must search the record to find a basis for the verdicts and thereby harmonize them. See City of Aurora v. Loveless, 639 P.2d 1061 (Colo.1981). There is no possible evidentiary justification for a verdict finding no injury or damages in the face of undisputed evidence to the contrary. It can only be ignored if the verdict on liability is to be upheld.
¶5Nor does this verdict contain an error with respect to a matter of form which may be amended or corrected by the trial court. See Harrison Construction Co., Inc. v. Nissen, 119 Colo. 42, 199 P.2d 886 (1948); Weeks v. Churchill, 44 Colo.App. 520, 615 P.2d 74 (1980). To the contrary, this is a case in which the verdict finding no injury or damages demonstrates the fact that the jury either did not understand the instructions, or ignored them; hence, it is a matter of substance, not form. See Wulff v. Christmas, 660 P.2d 18 (1982). See also Harrison, supra;Weeks, supra; Cole v. Angerman, 31 Colo.App. 279, 501 P.2d 136 (1972).
¶6This situation is closer to that encountered in Kistler v. Halsey, 173 Colo. 540, 481 P.2d 722 (1971). There, a jury found in favor of the plaintiff on the liability issue, but awarded damages for only the amount of special damages. Because there was undisputed evidence of general damages, including permanent disability, the Supreme Court reversed, reasoning that:
“Such a verdict as herein found by the jury was not a true verdict rendered according to the law and the evidence as required by the jurors’ oath of office. The jury failed in its function in this respect by refusing to recognize the undisputed facts concerning plaintiff’s injuries .... ”
¶7In cases where a verdict is overturned because it is so excessive as to reflect bias, prejudice, or passion, a new trial on all issues is required to avoid injustice to defendants. Rine v. Isham, 152 Colo. 411, 382 P.2d 535 (1963); Hartford Fire Insurance v. Rolar, 30 Colo.App. 1, 488 P.2d 1114 (1971). See also Rose v. Melody Lane, 39 Cal.2d 481, 247 P.2d 335 (1952). Similarly here, where there is a failure to find damages in total disregard of uncontroverted evidence, bias, prejudice, or passion is evidenced. Thus, a new trial should be ordered to avoid injustice to the plaintiff.