Ferrer v. Okbamicael

Citations

• 2017 CO 14
• 390 P.3d 836
• 2017 WL 778222

Syllabus

Tort—Respondeat Superior Liability—Direct Negligence. In this original proceeding under CAR 21, the Supreme Court reviewed trial court orders dismissing plaintiff's direct negligence claims against an employer that acknowledged vicarious liability for its employee's negligence, and denying plaintiff's motion for leave to amend her complaint to add exemplary damages against the employer and the employee. The Court adopted the rule articulated in McHaffie v. Bunch, 891 S.W.2d 19 822 (Mo. 1995), which held that an employer's admission of vicarious liability for an employee's negligence bars a plaintiff's direct negligence claims against the employer. The Court declined to adopt an exception to this rule where the plaintiff seeks exemplary damages against the employer. The Court concluded that the trial court did not err in dismissing plaintiff's direct negligence claims against the employer or in denying plaintiff's motion for leave to amend the complaint to add exemplary damages. The Court therefore affirmed the trial court orders and discharged the rule to show cause.