Colorado Supreme Court Confirms Death of Ferrer in Brown v. Long Romero
In 2017, the Colorado Supreme Court held in Ferrer v. Okbamicael that when a plaintiff brings a vicarious liability claim against an employer and the employer subsequently acknowledges vicarious liability, then the plaintiff is barred from asserting direct negligence claims (e.g., negligent hiring) against the employer. 390 P.3d 836 (Colo. 2017). The Supreme Court reasoned […]
Statutory Offers of Settlement and Calculating Final Judgment in light of Mitchell v. Chengbo Xu
The Colorado Court of Appeals provided new guidance on statutory offers of settlement pursuant to C.R.S. § 13-17-202. In Mitchell v. Chengbo Xu, the Colorado Court of Appeals held a plaintiff’s final judgment will always include their actual costs incurred prior to the statutory offer of settlement as well as pre-offer interest. 2021 COA 39. […]
Despite Economic Implications to Employers and Businesses Colorado General Assembly Expands Actions for Direct Liability of Employers for the Negligent Conduct of Employees.
On May 17, 2021, Governor Jared Polis signed into law House Bill 21-1188 regarding additional liability of defendant employers who admit employee fault under the doctrine of respondeat superior. The doctrine of respondeat superior originates from 17th century English common law. The literal translation from Latin is “that the master must answer.” Under this doctrine […]
