Perreira v. State

I dissent from the majority opinion because I would hold as a matter of law that Dr. Anders and the state did not owe a legal duty to Officer Perreira under these circumstances. While I do not agree entirely with the court of appeals’ analysis, I would affirm the court of appeals’ conclusion that “the trial court erred in finding that the State had a legal duty to Officer Perreira and his survivors.” Perreira v. State, 738 P.2d 4, 6 (Colo.App.1986).

I

Negligent Release

The plaintiff’s claim is not that Dr. An-ders negligently failed to warn Officer Per-reira, or police officers in general, of…