June 23, 2017

Archives for March 6, 2017

Colorado Supreme Court: Acknowledgment of Employer’s Vicarious Liability Bars Direct Negligence Claims Against Employer

The Colorado Supreme Court issued its opinion in In re Ferrer v. Okbamicael on Monday, February 27, 2017.

Tort—Respondeat Superior Liability—Direct Negligence.

In this original proceeding under C.A.R. 21, the Colorado Supreme Court reviewed trial court orders dismissing plaintiff’s direct negligence claims against an employer that acknowledged vicarious liability for its employee’s negligence, and denying plaintiff’s motion for leave to amend her complaint to add exemplary damages against the employer and the employee. The court adopted the rule articulated in McHaffie v. Bunch, 891 S.W.2d 19 822 (Mo. 1995), which held that an employer’s admission of vicarious liability for an employee’s negligence bars a plaintiff’s direct negligence claims against the employer. The court declined to adopt an exception to this rule where the plaintiff seeks exemplary damages against the employer. The court concluded that the trial court did not err in dismissing plaintiff’s direct negligence claims against the employer or in denying plaintiff’s motion for leave to amend the complaint to add exemplary damages. The court therefore affirmed the trial court orders and discharged the rule to show cause.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Third-Party Claims in Construction Defect Case Timely Under C.R.S. § 13-80-104(1)(b)(II)

The Colorado Supreme Court issued its opinion in In re Goodman v. Heritage Builders, Inc. on Monday, February 27, 2017.

Construction Defects—Statute of Repose—Statute of Limitations.

In this case, the Colorado Supreme Court considered the parameters for timeliness of third-party claims in construction defect cases. The court concluded that such claims are timely, irrespective of both the two-year statute of limitations in C.R.S. § 13-80-102 and the six-year statute of repose in C.R.S. § 13-80-104(1)(a), so long as they are brought at before the 90-day time frame outlined in C.R.S. § 13-80-104(1)(b)(II). Accordingly, the court made its rule to show cause absolute.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 3/3/2017

On Friday, March 3, 2017, the Tenth Circuit Court of Appeals issued one published opinion and five unpublished opinions.

United States v. Zajac

Lewis v. Frito-Lay, Inc.

Lomax v. Raemisch

U.S. Specialty Insurance Co. v. Estate of Earley

Brown v. Lengerich

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.