Colorado Legislature Overturns Ferrer, Permits Direct Negligence Claims Alongside Respondeat Superior Claim
| Published date | 21 September 2021 |
| Subject Matter | Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Professional Negligence |
| Law Firm | Lewis Brisbois Bisgaard & Smith LLP |
| Author | Ms Katherine Vaughn and Amy Johnson |
Denver, Colo. (September 20, 2021) - In May 2021, Colorado Governor Jared Polis signed HB21-1188, which explicitly overturned the Colorado Supreme Court's ruling in Ferrer v. Okbamicael, 390 P.3d 836 (Colo. 2017). This law went into effect on September 7, 2021.
Under Ferrer, plaintiffs were prohibited from asserting direct negligence claims - such as negligent hiring, supervision, retention, and training - if the defendant company admitted vicarious liability for its driver at the time of the accident. As...
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