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CO HB1188
Bill
Status
Passed
5/17/2021
Primary Sponsor
Chris Kennedy
Click for details
AI Summary
- Allows plaintiffs to bring direct negligence claims against employers or principals even when those defendants acknowledge vicarious liability for an employee's or agent's negligence
- Permits plaintiffs to conduct discovery related to direct negligence claims in addition to discovery based on respondeat superior
- Maintains current law prohibition against recovering compensatory and exemplary damages more than once for the same injury
- Reverses the Colorado Supreme Court holding in Ferrer v. Okbamicael, 390 P.3d 836 (Colo. 2017), which barred direct negligence claims when an employer admitted vicarious liability
- Applies to civil actions commenced on or after the effective date, which occurs 90 days after final adjournment of the general assembly, subject to potential voter approval if a referendum petition is filed
Legislative Description
Additional Liability Under Respondeat Superior
Last Action
Governor Signed
5/17/2021
Committee Referrals
Judiciary4/1/2021
Judiciary3/4/2021
Full Bill Text
No bill text available