Publisher: CBA-CLE Books (CLE in Colorado, Inc.)

This chapter outlines developments in Colorado tort law during 2013, including decisions from the Colorado Court of Appeals and Colorado Supreme Court, as well as significant decisions of the 10th Circuit Court of Appeals. Also addressed are legislative developments impacting tort law. The Colorado Supreme Court issued several opinions relating to tort law in 2013, perhaps most notably abolishing the doctrine of sudden emergency (Bedor v. Johnson). The Court of Appeals was quite active, including issuing several opinions addressing the economic loss rule (Engeman Enterprises, LLC v. Tolin Mechanical Systems Co.; Stan Clauson Associates, Inc. v. Coleman Brothers Construction, LLC; Mid Valley Real Estate Solutions V, LLC v. Hepworth-Pawlak Geotechnical, Inc.; Gattis v. McNutt), the scope of the premises liability act (Reid v. Berkowitz; Jordan v. Panorama Orthopedics & Spine Center, P.C.; Averyt v. Wal-Mart Stores, Inc.; Larrieu v. Best Buy Stores, L.P.; Rieger v. Wat Budddhawararam of Denver), and the award of attorney fees (Stresscon Corp. v. Travelers Property Cas. Co. of America; Smith v. Kinningham; Moye White LLP v. Beren; Averyt v. Wal-Mart Stores, Inc.; Gattis v. McNutt; Coats v. Dish Network, LLC). The appellate courts also addressed numerous other issues, including liability waivers (Berenson v. USA Hockey, Inc.; Squires v. Breckenridge Outdoor Education Center), medical malpractice (Hickman v. Catholic Health Initiatives; Settle v. Basinger), and the Lawful Activities Statute (Ruiz v. Hope for Children; Coats v. Dish Network, LLC). The legislature's activity included increasing the damages cap under the Colorado Governmental Immunity Act (SB 13-023), expanding the scope of the Colorado Consumer Protection Act (SB 13-215 and SB 13-228), and modifying the scope of statutory employer immunity under the Workers' Compensation Act (SB 13-47).