Gorman v. Tucker by and Through Edwards

We granted certiorari in Tucker v. Gorman, 944 P.2d 653 (Colo.App.1997), to review the court of appeals’ decision reversing the trial court’s determination that a state department can be reimbursed for expenditures it made under the Colorado Medical Assistance Act (CMAA), see §§ 26-4-101 to -904, 8 C.R.S. (1997), only if the defendant is legally liable to the recipient of Medicaid payments.1 In reversing the trial court, the court of appeals held that the comparative negligence statute, see § 13-21-111, 5 C.R.S. (1997), does not bar recovery by the state under the CMAA. We now affirm.

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In the…