Lanahan v. Chi Psi Fraternity

This case arises from a wrongful death action commenced by Petitioner Leslie Lana-han (“Lanahan”) against the Chi Psi Fraternity, Alpha Psi Delta Corporation, and seven Chi Psi members (collectively, “Respondents”). The Colorado Wrongful Death Act, section 13-21-201 to-204, C.R.S. (2007), caps Lanahan’s potential recovery of noneconomic damages at a maximum of $250,000, adjusted for inflation. The trial court held that this cap applies on a per claim basis, rather than a per defendant basis. Lanahan filed a Rule 21 petition seeking relief from the trial court’s order, and we issued a rule to…