The Colorado Court of Appeals provided new guidance on statutory offers of settlement pursuant to C.R.S. § 13-17-202. In Mitchell v. Chengbo Xu, the Colorado Court of Appeals held a plaintiff’s final judgment will always include their actual costs incurred prior to the statutory offer of settlement as well as pre-offer interest.

On May 17, 2021, Governor Jared Polis signed into law House Bill 21-1188 regarding additional liability of defendant employers who admit employee fault under the doctrine of respondeat superior. The General Assembly and Governor Polis have expressly overturned the Colorado Supreme Court’s decision in Ferrer v. Okbamicael, expanding avenues for recovery against Colorado businesses and complicating litigation for employers. Previously, under Ferrer, actions for negligent hiring and negligent supervision were excluded if the employer admitted respondeat superior liability for the employee’s conduct. Now, with the recent change by the General Assembly, employers may be sued directly for negligent hiring and negligent supervision even if the employer admits the employee was at fault. The new law will go into effect the 90 days after the conclusion of the current General Assembly session which is slated to close on June 12, 2021. The law will apply to actions commenced on or after that date.

The Colorado Court of Appeals provided new guidance on statutory offers of settlement pursuant to C.R.S. § 13-17-202. In Mitchell v. Chengbo Xu, the Colorado Court of Appeals held a plaintiff’s final judgment will always include their actual costs incurred prior to the statutory offer of settlement as well as pre-offer interest.

On May 17, 2021, Governor Jared Polis signed into law House Bill 21-1188 regarding additional liability of defendant employers who admit employee fault under the doctrine of respondeat superior. The General Assembly and Governor Polis have expressly overturned the Colorado Supreme Court’s decision in Ferrer v. Okbamicael, expanding avenues for recovery against Colorado businesses and complicating litigation for employers. Previously, under Ferrer, actions for negligent hiring and negligent supervision were excluded if the employer admitted respondeat superior liability for the employee’s conduct. Now, with the recent change by the General Assembly, employers may be sued directly for negligent hiring and negligent supervision even if the employer admits the employee was at fault. The new law will go into effect the 90 days after the conclusion of the current General Assembly session which is slated to close on June 12, 2021. The law will apply to actions commenced on or after that date.