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CO HB1348

Bill

Status

Failed

5/26/2020

Primary Sponsor

Chris Kennedy

Click for details

Origin

House of Representatives

2020 Regular Session

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