Wright v. District Court in & for the County of Jefferson

I respectfully dissent. The majority holding in my view is contrary to the actual language of our statute, is contrary to our case law, and is contrary to accepted parameters of judicial decision because it amounts to judicial legislation.

It is a firmly established principle of Colorado law in workmen’s compensation cases that coemployees are precluded from suing one another for negligent actions causing injury in the course of their employment. The many cases enunciating this principle and its rationale are set forth in Kandt v. Evans, 645 P.2d 1300 (Colo.1982). See also Ellis v. Rocky…