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CO HB1348
Bill
Status
Failed
5/26/2020
Primary Sponsor
Chris Kennedy
Click for details
AI Summary
- Allows plaintiffs to assert additional direct negligence claims against employers even when the employer admits liability under respondeat superior for employee actions
- Defendants cannot avoid liability for their own negligent acts or omissions or shield themselves from discovery by admitting an employee was acting within the scope of employment
- Employers may be held liable for both their own direct negligent acts (derivative and nonderivative claims) and vicariously liable under respondeat superior for employee actions
- Trier of fact must apportion negligence by degree or percentage among all parties, with each party liable only for their proportional share unless vicariously liable for another defendant's acts
- Reverses the Colorado Supreme Court holding in Ferrer v. Okbamicael, 390 P.3d 836 (2017) and takes effect September 1, 2020, applicable to civil actions commenced on or after that date
Legislative Description
Additional Liability Under Respondeat Superior
Military & Veterans
Last Action
House Committee on Judiciary Postpone Indefinitely
5/26/2020
Committee Referrals
Judiciary3/5/2020
Full Bill Text
No bill text available