Legal Opinion · Concurrence

City of Arvada ex rel. Arvada Police Department v. Denver Health and Hospital Authority

Supreme Court of Colorado

Decided October 10, 2017No. Supreme Court Case 16SC184Published

1ConcurrenceJustice Gabriel

¶ 44 I join the majority’s opinion in full. I write separately, however, to explain why I believe that the conclusion that the law dictates with respect to section 16-3-401(2), C.R.S. (2017), may lead to unfair results and thus cries out for legislative clarification.

I. Analysis

¶ 45 The principal issue in this case boils down to this: when Arvada brought a person in its custody to Denver Health for treatment and Denver Health provided such treatment, does section, 16-3-401(2) require Arvada to pay for the cost of that treatment, or should Denver Health, and ultimately Denver taxpayers, bear…

2Cases cited4 opinions

  1. Gerrity Oil & Gas Corp. v. MagnessSupreme Court of Colorado · 1997
  2. Board of County Commissioners v. MorelandSupreme Court of Colorado · 1988
  3. Quintano v. Industrial CommissionSupreme Court of Colorado · 1972
  4. Denver Health & Hospital Authority v. City of Arvada Ex Rel. Arvada Police DepartmentColorado Court of Appeals · 2016

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