COLORADO REFORMS

Alternative Dispute Resolution: HB 1168 (1992).  Allows judges to refer litigants to alternative dispute resolution systems when available.

Appeal Bond Waiver Reform: HB 1366 (2003).  Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Assumption of the Risk: Skiing: SB 80 (1990).  Clarifies the 1979 Ski Safety Act's assumption of risk provision by stating: skier accepts and assumes the risk of and all legal responsibility for any injury resulting from inherent dangers and risks of skiing; shortens the Act's statute of limitations from three years to two years.  The statutory tort immunity for ski area operators did not violate the due process clause of the Federal Constitution.  Pizza v. Wolf Creek Ski Development Corp., 711 P.2d 671 (Colo. 1985).

Attorney Retention Sunshine: SB 86 (2003): Requires monthly reports by outside counsel to include number of hours worked, court costs incurred, and to provide such data in aggregate from the effective date of the contingent fee contract.  In addition, it provides that at the conclusion of representation, outside counsel is to provide the state with a statement of hours worked and fees recovered through a contract for legal services between the state and outside counsel.  Provided that in no instance shall the state pay fees, even on a contingent fee basis, in excess of $1,000 per hour.

Civil Liability Reform: HB 1038 (2004).  Exempts volunteers at crisis telephone hotlines from civil liability.

Class Action Reform: HB 1027 (2003).  Permits the interlocutory appeal of class action certification in class action lawsuits.

Collateral Source Rule Reform: SB 67 (1986): Colo. Rev. Stat. § 13-21-111.6.  Permits the admissibility of evidence of collateral source payments.  Provides for awards to be offset with broad exclusions.

Common Law Defenses: H.B. 1237 (2006).  Clarifies the applicability of certain statutory provisions in premises liability actions.

Construction Liability Reform: HB 1166 (2001).  Prohibits damages arising from improvements to residential property provided construction complies with the applicable building code or industry standards. Provides that a claim for relief must be brought within ninety days of discovering physical manifestations of a defect in the improvement that ultimately causes injury.

Early Offer of Settlement: HB 1121 (2003).  Assesses attorney fees and costs for plaintiffs who decline an offer of settlement, proceed to litigation, and receive a smaller judgment than would have been received if a settlement offer had been accepted.

Employer Reference Liability: HB 1072 (1999).  Provides immunity for employers who disclose information concerning job performance of a former employee to a prospective employer. 

Expanding the Judiciary: HB 1075 (2001).  Adds twenty-four district judges to the judiciary to handle the growing number of overcrowded cases on the dockets.

Frivolous Lawsuit Sanction: SB 70 (1986).  Requires that pleadings be signed and allows a court to assess reasonable expenses, including reasonable attorneys’ fees, for frivolous pleadings, motions, or defenses.

Good Samaritan Protection: Boards: HB 1047 (1992).  Provides immunity for the good faith actions of those serving on boards as volunteers.

Good Samaritan Protection: Engineers/Architects: SB 124 (1998).  Grants immunity for licensed engineers and architects who volunteer their services during a declared emergency or disaster.

Inmate Litigation Reform: HB 1226 (2001).  Prohibits an inmate from filing a lawsuit until all available administrative remedies have been exhausted.  Requires an inmate who files more than three lawsuits that are determined to be frivolous be required to pay for filling and processing fees before filing additional lawsuits.

Joint and Several Liability Reform: SB 70 (1986).  Colo. Rev. Stat. § 13-21-111.5.  Bars application of the rule of joint and several liability in the recovery of all damages. (An amendment approved in 1987 allowed joint liability when tortfeasors consciously acted in a concerted effort to commit a tortious act.)

Jury Service Reform: HB 1159 (2004).  Establishes stricter criteria for jurors to be excused from services. Provides protections for small business by allowing employees of small businesses to reschedule service if another employee from the same firm already is serving on a jury.

Medical Liability Reform: Arbitration: SB 143 (1988): Permits binding voluntary arbitration.

Medical Liability Reform: Certificate of Merit and Immunity for “Good Samaritans:” HB 1065 (1990).  Modifies the certificate of review process in medical liability actions to establish the fact that professionals review only the facts of the case. Amends the "Good Samaritan" statute to provide that hospitals and other health care institutions may also be places of emergency immunity.

Medical Liability Reform: Liability Exemptions for Expressions of Sympathy: HB 1232 (2003).  Provides that a health care provider may express apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence to a patient and/or patient’s family following an unanticipated medical outcome and not have it used in a subsequent civil action as an admission against interest.

Medical Liability Reform: Noneconomic Damages Reform: HB 1007 (2003).  Limits noneconomic damages in medical malpractice liability cases to $300,000.

Medical Liability Reform: Noneconomic Damages Reform: SB 143 (1988): Colo. Rev. Stat. § 13-64-302.  Limits the total award of damages to $1,000,000, of which no more than $250,000 can be for noneconomic damages.  The $250,000 limit on noneconomic damages in medical liability actions is constitutional.  Scholz v. Metropolitan Pathologists, P.C., No. 92‑8A277, Co. Sup. Ct., April 26, 1993.

Medical Liability Reform: Punitive Damages Reform: HB 1069 (1990).  Provides that punitive damages shall not be alleged in a professional negligence suit until discovery is substantially completed. Provides that discovery cannot be reopened without an amended pleading. Provides that physicians cannot be held liable for punitive damages because of the bad outcome of a prescription medication as long as it was administered in compliance with current FDA protocols.  Prohibits punitive damages from being assessed against physicians because of the act of another unless he directed the act or ratified it.

Medical Liability Reform: Good Samaritan Protection: HB 1071 (1999).  Provides immunity for licensed physicians from civil liability while performing volunteer services.

Medical Liability Reform: Periodic Payment of Future Damages: SB 143 (1988): Colo. Rev. Stat. § 13‑64‑203.  Requires a court to allow the periodic payment of future damages exceeding $150,000 in medical liability cases.

Medical Liability: Vicarious Liability: HB 1012 (2003).  Restores prior Colorado law by providing that physician business entities, while liable for their own negligence, are not vicariously liable for negligent acts of their employed physicians.  In April 2002, the Colorado Supreme Court had held in Pediatric Neurosurgery, P.C. v. Russell, 44 P.3d (Colo. 2002) that physician business organizations are vicariously liable for the negligent acts of their employed physicians, reversing forty years of law to the effect that P.C.’s etc. do not practice medicine and are not liable for the negligent acts of their employed physicians.

Noneconomic Damages Reform: SB 115 (2004).  Limits noneconomic damages in breach of contract claims by specifying that noneconomic damages may only be recovered for breach of contract when recovery of such damages is specifically authorized in the contract that is the subject of the claim.  The only other circumstance under which noneconomic damages may be recovered is for any first-party claim brought against an insurer for breach of an insurance contract and that the defendant willfully and wantonly breached the contract. 

Noneconomic Damages Reform: SB 67 (1986).  Limits the award of noneconomic damages to $250,000, unless the court finds justification by “clear and convincing” evidence for a larger award not to exceed $500,000.  The $250,000 limit on noneconomic damages in medical liability actions is constitutional.  Scholz v. Metropolitan Pathologists, P.C., No. 92‑8A277, Co. Sup. Ct., April 26, 1993.

Obesity Litigation Reform: HB 1150 (2004).  Exempts from civil liability, manufacturers, packers, distributors, carriers, holders, or sellers of food or an association of one or more such entities when the claim is for weight gain, obesity, a health condition related to obesity or weight gain, or any other injury caused by the long-term consumption of food.  The exemption does not apply when the claim is for a material violation of federal or state composition, branding, or labeling standards and the injury was caused by the violation.  Finally, H.B. 1150 provides that all proceedings including discovery shall be stayed during a motion to dismiss.

Parental Waivers: SB 253 (2003).  Overturns a 2002 Colorado Supreme Court decision (case number 00SC885, 48 P.rd 1229) which invalidated parental liability waivers signed on behalf of minors. 

Prejudgment Interest Reform: SB 165 (1995).  Limits the amount of prejudgment interest that can be assessed between accrual of the action and filing of the claim to below the $1,000,000 limit on the total amount recoverable in medical liability claims.

Product Liability Reform: SB 231 (2003).  Prohibits a product liability action from being brought against a seller or manufacturer of a product under certain circumstances.  An innocent seller provision is included which prohibits product liability actions against parties who were not the manufacturer of the product.  The bill also provides that a product liability action may not be taken if the product was improperly used or if the product provided warning or instruction that, if heeded, would have prevented the injury, death, or property damage.

Punitive Damages Reform: HB 03-1186 (2003).  Prohibits a plaintiff from filing a claim for punitive damages unless the plaintiff can show evidence of willful or wanton action that would justify such a claim.

Punitive Damages: FDA-Approved Drugs: HB 1093 (1991).  Expands 1990's prohibition against seeking punitive damages in cases in which FDA approved drugs are administered by a physician, to include medically prescribed drugs or products used on an experimental basis (when such experimental use has not received specific FDA approval) and when the patient has given informed consent.         

Punitive Damages Reform: HB 1069 (1990).  Bars the award of punitive damages in professional negligence lawsuits until discovery has been substantially completed.  Prohibits discovery from being reopened without an amended pleading.  Bars the award of punitive damages against physicians being sued for a bad outcome of a prescription medication, where the physician complied with FDA protocols.  Bars the award of punitive damages against a physician being sued for the act of another, where the physician neither directed nor ratified the act.

Punitive Damages Reform: HB 1197 (1986): Colo. Rev. Stat. § 13-21-102(1)(a).  Provides that an award for punitive damages may not exceed an award for compensatory damages.  Permits a court to reduce a punitive damages award if deterrence can be achieved without the award.  Permits a court to increase a punitive damages award to three times an award for compensatory damages if misbehavior continues during trial.  Requires one-third of punitive damages awards to be paid to the state fund.  The law requiring plaintiff to pay one-third of any punitive damages award collected to the State general fund was an unconstitutional taking of property without just compensation under both the Federal and Colorado Constitutions.  Kirk v. Denver Publishing Co., 818 P.2d 262 (Colo. 1991).

Punitive Damages Reform: “Beyond a Reasonable Doubt:” Colo. Rev. Stat. § 13-25-127(2).  Requires a plaintiff to prove punitive damages “beyond a reasonable doubt.”