Wierimaa v. Cheng

── Wierimaa v. Cheng ── Court: Colorado Court of Appeals Date: April 09, 2026 Category: General 25CA0371 Wierimaa v Cheng 04-09-2026 COLORADO COURT OF APPEALS Court of Appeals No. 25CA0371 City and County of Broomfield District Court No. 23CV30043 Honorable Mark Warner, Judge Thomas Wierimaa, Plaintiff-Appellant, v. Anna Cheng, Defendant-Appellee. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE MEIRINK J. Jones and Lum, JJ., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced April 9, 2026 Artemis Law, LLC, Leigh Horton, Denver, Colorado, for Plaintiff-Appellant The Burnham Law Firm, P.C., Brian D. Teed, Centennial, Colorado, for Defendant-Appellee ¶1 Plaintiff, Thomas Wierimaa, appeals the trial court’s judgment entered on a jury verdict finding that he assaulted defendant, Anna Cheng, his then-wife, and awarding her $468,750 in damages. We affirm in part and reverse in part and remand the case to the trial court with directions. I. Background ¶2 Cheng has two children from a previous marriage, S.W. and H.C. She and Wierimaa married in 2017 and had one daughter, B.W., in 2019. During their relationship, Cheng was mostly unemployed; Wierimaa worked full-time and attended law school. Wierimaa filed for legal separation in September 2021, and the couple finalized their divorce in January 2023. During the divorce proceeding, Cheng told people that Wierimaa was abusive to her and the children. ¶3 Wierimaa filed the underlying lawsuit on February 10, 2023. He brought claims of (1) abuse of process; (2) defamation (child abuse); (3) defamation (domestic violence); (4) intentional infliction of emotional distress (public smear campaign); (5) intentional infliction of emotional distress (kidnapping minor child); and 1  (6) tortious interference with parental relations (September 2022 kidnapping of minor child).1 ¶4 Cheng denied the allegations and filed counterclaims for (1) abuse of process; (2) defamation per se; (3) extreme and outrageous conduct (emotional distress); (4) assault; and (5) battery. Cheng supported her counterclaims by alleging the following incidents: • In February 2016, while on vacation in Cancun, Mexico, Wierimaa grabbed Cheng by the wrist, threw her onto a bed, and caused her to fall on a hand mirror, which left her with bruises and a back injury (the Cancun incident). • On February 4, 2018, Wierimaa disciplined H.C. while watching the Super Bowl. When Cheng protested, Wierimaa yelled at her and told her to leave the home. She and the children left (the Super Bowl incident). 1 Wierimaa later amended his complaint and added claims of (7) abuse of process (2023 statements to child protective services); (8) malicious prosecution (2023 statements to child protective services); (9) defamation (false allegations of child abuse after February 14, 2023); (10) defamation (false allegations of domestic abuse after February 14, 2023); and (11) exemplary damages. 2 • On September 8, 2019, Wierimaa yelled at Cheng. She tried to leave the home with all her children, but Wierimaa would not let her take B.W. She left with S.W. and H.C. (the September 8 incident). • On March 10, 2021, Wierimaa became angry because Cheng didn’t know he was leaving on a business trip (the March 10 incident). • On September 16, 2021, Wierimaa told Cheng that he had filed for legal separation and called her a “child,” “immature,” and a “cunt” (the September 16 incident). • On March 11, 2022, Wierimaa threatened that he would litigate against Cheng until B.W. turned eighteen (the March 11 incident). • On July 5, 2022, police came to Cheng’s home to perform a w