Lee v. Colorado Department of Health

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that loss of consortium is an “injury” under the CGIA that gives rise to a separate right of recovery for a spouse
• recognizing that trial court may apply damages cap to reduce jury’s award
• recovery limitations in Immunity Act are reasonably related to the governmental objective of providing fiscal certainty in carrying out the manifold responsibilities of government
• “[A] claim for loss of consortium [is] considered collateral or derivative to the personal injury claim . . . .”
• loss of consortium damages reduced by percentage of injured spouse’s comparative negligence
• court rejected claim that the Immunity Act’s recovery limitations violate equal protection by effectuating an arbitrary classification between public entities with limited liability and private tort-feasors responsible for all harms caused by their negligence

Source: CourtListener parenthetical corpus (CC0).